Responsible comrades of the Fire Rescue Bureau of the Emergency Management Department answered reporters’ questions on the Procedures for Handling Administrative Cases by Fire Rescue Agencies and the

Responsible comrades of the Fire Rescue Bureau of the Emergency Management Department

Provisions on Procedures for Handling Administrative Cases by Fire Rescue Institutions

Answering a reporter’s question about the style of fire administrative legal documents

In order to implement the Administrative Punishment Law of the People’s Republic of China, the Administrative Compulsory Law of the People’s Republic of China, the Fire Law of People’s Republic of China (PRC) and the Opinions on Deepening the Reform of Fire Law Enforcement issued by the General Offices of the General Office of the Central Committee of the CPC and the State Council, and further standardize the procedures of fire rescue agencies in handling administrative cases and their supporting legal documents, the Emergency Management Department organized the drafting of the Procedures for Fire Rescue Agencies in Handling Administrative Cases and the Style of Fire Administrative Legal Documents (hereinafter referred to as the Regulations and the Style of Documents).31Adopted at the ministerial meeting, on2021year10moon15Issued in the form of emergency management department documents, since2021year11moonnineIt will be implemented on the day. The responsible comrades of the Fire and Rescue Bureau of the Emergency Management Department answered the reporter’s questions on relevant issues.

Q: What is the significance of the promulgation of the Regulations?

A:According to the opinions on deepening the reform of fire law enforcementIn order to meet the requirements of "standardizing law enforcement behavior and improving law enforcement procedures" and adapting to the revision of laws and regulations, the emergency management department has repeatedly revised and improved the Regulations through investigation and study, extensive solicitation of opinions, with a total of.10chapter146Article. The "Regulations" clarify the general requirements, general provisions and three basic procedures for handling administrative cases, and make systematic provisions on the basic requirements for investigation and evidence collection, case execution, termination and transfer. The promulgation of the "Regulations" is of great significance to standardize the procedures for fire rescue agencies to handle administrative cases, ensure that fire rescue agencies correctly perform their duties in handling administrative cases, promote strict and standardized fair and civilized law enforcement, and protect the legitimate rights and interests of citizens, legal persons or other organizations.

Q: What is the scope of application of the Regulations?

A:"Administrative cases" as mentioned in the Regulations refers to cases in which fire rescue agencies impose administrative penalties and administrative enforcement on fire safety violations in accordance with laws, regulations and rules. The general procedures of fire administrative license, fire supervision and inspection, fire product supervision and inspection, administrative compulsory measures and fire accident investigation, such as jurisdiction, avoidance, period, delivery, investigation and evidence collection, shall be implemented with reference. Where laws, regulations and rules provide otherwise, such provisions shall prevail.

Q: How are the principles and general requirements of the Regulations stipulated?

A: First, it isThe basic principles of combining punishment with education, legality, justice, openness and timeliness are clarified.The second isThe types of punishment, such as warning, fine, confiscation of illegal income, order to stop production and use, order to stop practicing and revoke qualifications, as well as supplementary provisions, were clarified.The third isAccording to the newly revised Administrative Punishment Law, the system of publicizing administrative law enforcement, recording the whole process of law enforcement, legal review of major law enforcement decisions, qualification of administrative law enforcement personnel, entrusted law enforcement, double law enforcement and other contents have been clarified.The fourth isThe general provisions such as jurisdiction, avoidance, prescription, period and delivery are clarified.

Q: How does the Regulations stipulate the investigation and evidence collection?

A: First, it isIt is clear that fire rescue agencies should collect and collect evidence materials comprehensively, objectively and fairly when handling administrative cases for investigation, and review and verify them according to law.The second isSpecially set upThe chapter "Investigation and evidence collection" clarifies the types of evidence, the basic principles and requirements of investigation and evidence collection.The third isIt is clear that in the case of transfer, the evidence collected by the transfer organ according to its functions and powers can be used as evidence of the case.

Q: What are the three basic procedures for handling administrative cases in the Regulations?

A:The "Regulations" focus on the practical needs of grassroots law enforcement, focus on solving practical problems, pay attention to effectiveness and pertinence, and clarify three basic procedures in accordance with the principle of simplifying and diverting.One isSummary procedure. It is stipulated that administrative penalty decisions can be made on the spot in cases where the illegal facts are conclusive and there is a legal basis, and citizens are fined less than 200 yuan, and legal persons or other organizations are fined less than 3,000 yuan or given warnings.The second isQuick processing procedure. For administrative punishment cases that do not apply summary procedures, but the facts are clear, the parties voluntarily admit their mistakes and admit their punishment, and have no objection to the illegal facts and the application of the law, fire rescue agencies can handle them quickly by simplifying the way of obtaining evidence and reviewing and approving procedures.The third isOrdinary procedure. In the case of administrative punishment that is prescribed to be handled by ordinary procedures, the undertaker, after the investigation, thinks that the facts of the case are clear and the main evidence is complete, shall put forward the handling opinions, and after the legal review, report to the person in charge of the fire rescue agency for examination and approval, and make a decision. At the same time, it stipulates specific requirements such as filing a case, legal review, informing before punishment, listening to statements and arguments, hearing, and making a decision on punishment.

Q: What are the provisions of the "Regulations" on fast-track procedures?

A:Fire rescue agencies shall meet the following requirements when handling administrative punishment cases and adopting fast handling procedures:One isInform the parties concerned of the relevant provisions on speedy handling of cases through the notice of rights and obligations for speedy handling of cases, obtain their consent, and sign for confirmation.The second isIf the parties admit illegal facts, admit mistakes and admit punishment in their own written materials or inquiry transcripts, and there are key evidences such as audio-visual records, electronic data, fire supervision and inspection records that can be mutually confirmed, the fire rescue institutions can no longer carry out other investigation and evidence collection work.The third isThe decision on administrative punishment shall be put forward by law enforcement officers, and may be submitted to the person in charge of the fire rescue agency for examination and approval after legal review.The fourth isThe notification procedure before punishment can be performed orally, and the law enforcement officers shall indicate the notification situation in the case file materials, and the parties shall sign for confirmation.

Q: How does the "Regulations" stipulate the time limit for handling administrative punishment cases?

A:In cases of administrative punishment handled by summary procedure, a decision on administrative punishment may be made on the spot. Administrative punishment cases that are subject to fast handling procedures shall be decided within seven days from the date of filing. Administrative punishment cases handled by ordinary procedures shall be decided within 60 days from the date of filing the case; If the case is complicated and cannot be terminated at the expiration of the time limit, it may be extended for 30 days with the consent of the person in charge of the fire rescue agency.

Q: How do the Regulations stipulate the execution, termination and transfer of administrative cases?

A: First, it isThe relevant procedures for implementation are specified. The suspension and termination of administrative reminder and compulsory execution are clarified, and the execution requirements of fines, disqualifications, orders to stop production and business, and the specific procedures for fire rescue institutions to implement compulsory execution and performance on their behalf are clarified respectively.The second isClarify the circumstances of terminating the case investigation. For those who have violated the law, the time limit for accountability has expired, citizens suspected of violating the law have died, legal persons or other organizations have terminated, and there are no illegal facts, a decision to terminate the case investigation is made.The third isClarify the relevant requirements for case transfer. Those not under the jurisdiction of this department shall be transferred to other departments with jurisdiction; If a suspected crime is found, it shall be transferred to judicial organs in accordance with the relevant provisions.

Q: What legal documents are mainly formulated in the Document Style?

A:By sorting out the law enforcement links such as filing a case, transferring a case, inquiring, investigating and collecting evidence, informing before punishment, hearing, making a punishment decision, urging, compulsory execution, and serving, the fire rescue agencies have uniformly formulated the25There are three kinds of supporting fire administrative legal documents, including: filing approval form, inquiry record, administrative punishment notification record, administrative punishment decision, administrative enforcement decision, service receipt and so on. Other legal documents needed in handling administrative cases can be formulated by the fire rescue agencies of all provinces, autonomous regions and municipalities directly under the central government.

Q: What are the characteristics of Document Style?

A: First, it isThe general requirements for document production are stipulated, and the font, paper type, document code, signature and seal, printing or writing requirements of documents are defined, which guarantees the seriousness and authority of documents in form.The second isadoptIn the form of "one document and one explanation", the filling instructions were made one by one. The usage, filling requirements, legal basis and matters needing attention of the documents are clarified, which reflects the professionalism and rigor of legal documents in content.The third isIn the design of documents, according to the law enforcement needs of different links, some take the form of filling in, some take the form of template, and some take the form of checking, which reflects the scientificity and operability of documents.