First, improve the comprehensive law enforcement system, give full play to the advantages of comprehensive law enforcement, and comprehensively improve the overall efficiency of quality supervision administrative law enforcement.

According to the requirements of the General Administration of Quality Supervision, Inspection and Quarantine and the Provincial Quality Supervision Bureau, the administrative law enforcement of quality and technical supervision implements a comprehensive law enforcement system of "multiple integration". Full-time law enforcement inspection institutions are entrusted by administrative organs to carry out unified administrative law enforcement activities such as standardization, metrology, quality, certification and accreditation, special equipment, codes and barcodes. All units should take the administrative law enforcement work as the leader, find illegal problems and major grammatical problems under the premise of implementing administrative punishment and stopping illegal acts from continuing to cause harm to society, and report to business management departments and technical institutions in a timely manner. Make administrative law enforcement work closely integrated with related business work. The administrative department for industry and commerce shall guide the development of administrative law enforcement; Technical institutions shall actively cooperate with the administrative law enforcement work and provide technical support and guarantee for the administrative law enforcement work; Issue scientific, fair and qualified inspection conclusions; Legal supervision departments should strengthen supervision and inspection and standardize administrative law enforcement. All departments should form an administrative law enforcement mechanism with clear division of labor, mutual cooperation and communication, strengthen information feedback, ensure coordinated operation, give full play to their respective advantages, and strive to improve the overall efficiency of administrative law enforcement. It is necessary to further strengthen administrative law enforcement, promote the all-round development of various business work, and expand the social impact of quality supervision work. Without the authorization of laws and regulations and the entrustment of administrative organs, it is strictly forbidden for technical institutions to engage in administrative law enforcement alone. The law enforcement power and authority of full-time law enforcement agencies shall not be arbitrarily decomposed.

Two, strengthen the construction and management of law enforcement team, and strive to improve the overall level of administrative law enforcement.

1, establish a system for leading cadres to learn the law and a system for regular training of law enforcement personnel. Organize leading cadres to learn and speak French every quarter, and constantly improve their legal level and legal awareness. Conduct education and training on laws, regulations and administrative law enforcement for certified law enforcement personnel every year,

2, continue to implement the annual examination system of law enforcement personnel qualifications, and strictly hold relevant certificates. In 2006, the licensed law enforcement personnel were thoroughly cleaned up and re-registered. If the post of law enforcement personnel is adjusted, it shall be put on record in writing within 10 days after the adjustment, and the law enforcement certificates shall be collected and recovered. Who did not participate in the annual review, annual review unqualified, removed from law enforcement posts, unified by the Municipal Bureau to recover the law enforcement certificates.

3. Pilot system of administrative cases. After examination by the Municipal Bureau, outstanding law enforcement officers were selected as the case organizers. The case undertaker is responsible for the inquest, investigation and evidence collection of the whole case, puts forward leadership opinions on the handling of the case, and takes full responsibility for the cases investigated.

4, serious law enforcement discipline, pure law enforcement team. The Code of Conduct for Administrative Law Enforcement Officers of Quality and Technical Supervision in Qingdao and the Law Enforcement Prohibition for Administrative Law Enforcement Officers of Quality and Technical Supervision in Qingdao were investigated and promulgated. Strive to strictly enforce the law, enforce the law in a clean and civilized way. We should seriously investigate and deal with the illegal problems found in supervision and inspection. Once violations of laws and regulations are verified, their responsibilities shall be investigated in accordance with relevant regulations.

Three, the full implementation of the administrative law enforcement responsibility system, strictly enforce the law enforcement fault accountability.

Under the unified deployment of the municipal government, combined with the actual situation, we will carefully and comprehensively sort out the laws, regulations and rules of our bureau's administrative law enforcement work. On this basis, we will clarify the law enforcement posts and responsibilities and make all work procedures public. The key point is to strengthen the accountability of administrative law enforcement faults and implement evaluation rewards and punishments. Gradually establish a supervision mechanism of law enforcement responsibility, with the right to be responsible, the right to use being supervised, the infringement being compensated, and the violator being prosecuted.

Four, to further strengthen the supervision and inspection of administrative law enforcement, and constantly standardize law enforcement behavior.

1. Establish a law enforcement supervision system in which the chief executive takes overall responsibility. The chief executive is the first person responsible for administrative law enforcement and should take overall responsibility for administrative law enforcement. This paper discusses the establishment of an administrative law enforcement supervision and assessment system with the quality and quantity supervision of law enforcement cases and the accountability of misjudged cases in law enforcement cases as the main body. And take the evaluation results as the main basis for the supervision, evaluation, reward and punishment of administrative law enforcement units and law enforcement personnel at the end of the year.

2, continue to implement the system of separation of case investigation, trial and judgment. It is necessary to establish and improve the administrative case trial committee in accordance with the law, implement specific working institutions and responsible persons, and select law enforcement officers with strong sense of responsibility, high comprehensive quality and strong adaptability to work to be responsible for case pre-trial and case quality control. Resolutely put an end to the phenomenon that the investigation, trial and judgment of a case are not divided.

3, the establishment of administrative law enforcement supervisors. According to the recommendation of the grassroots, the Municipal Bureau organizes evaluation examinations, selects the best candidates, and issues the Certificate of Administrative Law Enforcement Supervisor of Qingdao Municipal People's Government. Responsible for the supervision and inspection of the unit and the city's system law enforcement activities.

4, gradually establish a system of public publicity of administrative cases. Regularly publish the main cases of administrative punishment that have a great impact on the case, have a high case value, and can reflect the strength of quality and technical supervision and administrative law enforcement, and the handling results.

Five, the establishment of major cases before and after filing and administrative law enforcement notification system.

1. Reaffirm that the law enforcement inspection of enterprises entering the municipal government through train and wholly foreign-owned and joint ventures with a certain scale should be reported to the Municipal Bureau before intervening in the inspection; If the above-mentioned enterprises meet the conditions for administrative hearing of administrative punishment, they shall submit a written report to the Municipal Price Bureau before the notice of administrative punishment is served, and the opinions shall be reviewed and verified by the Municipal Bureau; Within 5 days after the case of administrative punishment is closed, it shall be reported in writing to the Municipal Bureau for the record.

2. In cases where the value of the detained suspected products exceeds 6,543,800 yuan (including 6,543,800 yuan), a written report shall be made to the Municipal Bureau within 24 hours after the seizure, and the Municipal Bureau shall give guidance as the case involves, and report it to the General Administration and the Provincial Bureau according to relevant regulations.

3, administrative hearing, administrative reconsideration, administrative litigation cases, should be in written form within 3 days after receiving the relevant notice materials and other legal documents to report to the bureau:

4 cases transferred to judicial organs and cases transferred to other administrative departments shall be filed in writing with the Municipal Bureau within 5 days after the transfer:

5, 65438+ reported to the unit this year before February 20th of each year to investigate the larger typical cases, typical cases to choose the high value of the goods involved, administrative handling of social impact and can fully reflect the quality and technical supervision of administrative law enforcement and social impact of the case.

Six, comprehensively standardize the discretion of administrative punishment, to ensure that the punishment is quite fair.

Guided by "Implementation Opinions of Qingdao Bureau of Quality and Technical Supervision on Standardizing the Discretion of Administrative Punishment" and "Detailed Standards of Administrative Punishment Discretion of Bureau of Quality and Technical Supervision". When handling a case, the administrative punishment shall be legally, reasonably and appropriately implemented in accordance with the Detailed Standards for the Discretion of Administrative Punishment in Quality and Technical Supervision. If the circumstances are minor and no harmful consequences are caused and the harmful consequences of illegal acts are corrected in time or actively eliminated or mitigated, the punishment shall be given a lighter, mitigated or exempted; If the parties have complete licenses and standardized management, and it is the first time to violate the law without subjective intention, they shall be punished according to the minimum limit; If the circumstances of the violation are serious, damaging public interests and social order, or causing serious personal injury or heavy property losses to others, a penalty close to the upper limit of administrative punishment may be imposed; Anyone who knowingly and intentionally violates the law, often has problems in product quality within a certain period of time, refuses to correct, and the illegal products (equipment and appliances) are large in quantity, valuable and harmful, or the products have been sold, causing serious consequences or may cause serious consequences, shall be given a heavier punishment according to the upper limit of the punishment range.

No punishment shall be given a lighter, mitigated or aggravated according to law, and the facts shall be ascertained and recorded. After obtaining evidence from a case, administrative law enforcement personnel shall put forward suggestions on the types and extent of administrative punishment in the report on the conclusion of the case investigation, and explain the facts, reasons and basis for exercising discretion. Ensure that the administrative punishment reflects the original intention of the law, enforce the law fairly, and safeguard the legitimate rights and interests of the parties.

Seven, strictly regulate the implementation of administrative compulsory measures.

1. Administrative coercive measures must meet the necessary conditions stipulated by relevant laws, and the right to seal up and detain shall be implemented in strict accordance with legal procedures.

2, take administrative compulsory measures, must be approved by the main person in charge of the unit. If administrative compulsory measures are taken on the spot, the corresponding procedures shall be completed within 24 hours after the event.

3. The time limit for the implementation of administrative compulsory power should generally be controlled within 30 days. If it is really necessary to extend the time limit, it shall be reported to the main person in charge of the unit for approval before implementation, and the extension period shall generally not exceed 10 days. For products with shelf life and expiration date, the storage and seizure period shall not exceed the shelf life and expiration date.

4, take administrative compulsory measures, shall be implemented by two or more administrative law enforcement officers, show their law enforcement certificates, inform the parties of the reasons and remedies, and listen to the statements and arguments of the parties, making on-site inspection records; The list of seizure and detention shall be made in duplicate, which shall be kept by the parties and the law enforcement unit respectively. On-site inspection records and lists shall be signed or sealed by the parties, witnesses and administrative law enforcement personnel. If the party is not present or the party or witness refuses to sign or seal, it shall be indicated in the on-site record. When sealing up, the property custodian shall fill in the on-site inspection records and lists, and the on-site sealing up shall generally be signed and kept by the parties concerned.

Eight, do a good job in hearing, reconsideration, litigation and case transfer.

1, do a good job in administrative cases. Cases that meet the hearing conditions should be carefully organized in accordance with legal procedures; The hearing shall be presided over by a person who holds the certificate of host of administrative hearing in Shandong Province; On the basis of fully listening to the statements and arguments of the parties concerned, adhere to the principle of strict law enforcement and correcting mistakes, and make administrative handling opinions according to law.

2, conscientiously do a good job in administrative reconsideration and administrative litigation. First, involving reconsideration or litigation, all units should report to the Council in writing within 3 days after receiving the relevant notification materials; Second, strengthen communication with local government legal departments and courts; Third, strictly implement reconsideration decisions and court judgments, promptly correct specific administrative acts that have been revoked or changed, and conscientiously sum up lessons from them and take measures to improve the level of law enforcement; The fourth is to seriously investigate and deal with illegal acts such as obstructing the reconsideration and litigation of the parties and taking revenge on the parties.

3. Do a good job in case transfer. Administrative cases that are not under the jurisdiction of this department shall be promptly transferred to the competent department for handling; Accepting the transferred cases, we should conscientiously implement and investigate according to law, re-verify the illegal facts, investigate and collect evidence, make handling opinions according to law, and report the handling situation to the transfer unit in a timely manner; Suspected criminal cases shall be transferred to public security organs in accordance with the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs. Before the transfer, it should take the initiative to communicate with the local procuratorate and listen to the guidance of the procuratorate; Cases transferred by the unit must be discussed by the case trial Committee and implemented in the name of the administrative organ; Administrative law enforcement should actively win the attention and support of local people's congresses, governments and CPPCC. Actively cooperate closely with comprehensive economic departments, industry authorities, other administrative law enforcement departments, and judicial organs such as public security, procuratorial work, and courts to win the support and understanding of relevant departments.

Nine, further standardize the administrative licensing behavior, and strive to achieve centralized and unified handling of licensing matters.

1, strictly regulate administrative licensing procedures and documents. First, in accordance with the provisions of the Administrative Licensing Law and relevant laws and regulations, standardize the procedures of application acceptance, examination and decision, time limit, hearing, change and extension, continuously improve the efficiency of administrative licensing, and realize the legal and orderly management of administrative licensing; Second, the implementation of administrative licensing matters should use the format documents stipulated by laws and regulations and formulated by superiors. If there is no uniform format document, the administrative license format document formulated by the provincial bureau shall be used.

2, efforts to achieve centralized and unified acceptance and service of administrative licensing matters in the government affairs hall. In accordance with the principles and requirements of "one-stop management, one-stop service and one window for external use", an administrative licensing window is set up in the government hall to centrally handle and serve administrative licensing matters.

3, increase the legal supervision of administrative licensing work. We will continue to improve relevant systems, strengthen legal supervision over administrative licensing, especially major administrative licensing matters must be discussed and decided collectively according to law, and review the substantive and procedural legality of major administrative licensing matters to realize supervision and supervision over major administrative licensing matters.

Ten, strictly regulate the law enforcement sampling procedures.

It is necessary to strengthen the study and research on product sampling knowledge. Sampling according to the sampling methods specified in standards and technical specifications; Samples should be taken from the products to be sold that have passed the inspection in the market or enterprise finished product warehouse to ensure the representativeness of the samples; When sampling, there should be more than two law enforcement officers or sampling personnel, with the cooperation of the person in charge of the enterprise, fill in the product sampling form on the spot, and make on-site inspection records to record the production date, adoption standards and other relevant necessary information of the products. The sampling list should be completed completely, with special attention to the authenticity and representativeness of the sampling base and the consistency between the sampling base and the field records. At the same time, necessary measures should be taken to preserve samples and spare samples.

Eleven, strengthen the study and research of product standards.

Seriously organize administrative law enforcement personnel and product sampling personnel to study and study product standards, especially to strengthen the study and research on newly issued standards and mandatory standards. Before investigating a product, we must first understand the standards adopted by enterprises to produce the product, the specific provisions and explanations of the country, industry, place and enterprise on this kind of product, study and master the connection and difference between the old and new standards, correctly understand and accurately grasp the product name of the standard, and formulate the original intention, key contents, meaning of the provisions, scope of application and duration of application. If the understanding of product standards is vague or inconsistent with the provisions of superior and subordinate standards, we should communicate with standardization management department and legal department in time to achieve the purpose of correctly understanding standards, correctly applying standards and correctly judging product quality.

Twelve, accurate collection and confirmation of factual evidence materials, to ensure the legitimacy, authenticity and relevance of evidence.

Earnestly study, understand and master the requirements for obtaining evidence and the principles for examination and determination of seven types of evidence in administrative litigation in the Administrative Procedure Law and the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation, so as to ensure the legality, authenticity and relevance of the evidence.

The legality requirements of evidence: first, the form of evidence should meet the statutory requirements; Second, the acquisition of evidence should meet the requirements of the law; Third, there are no other illegal circumstances that affect the validity of evidence.

The authenticity requirements of evidence: First, every piece of evidence on which the case is finalized has been verified and is an objective fact; Second, the evidence obtained must be confirmed by the parties; Third, the evidence should be original, original, or a copy, which should be consistent with the original and original; Fourth, the person or witness who provides evidence should have no interest in the party concerned.

The relevance of evidence requires: first, every evidence is related to the facts of the case and can play a role in proving the facts of the case; Second, every plot of the case has corresponding evidence to confirm it; Third, there is no contradiction between the evidence and the facts of the case; Fourthly, the conclusion drawn from the evidence formation system of the whole case is unique and exclusive.

Thirteen, strengthen the supervision of confiscated goods, and standardize the disposal procedures of confiscated goods according to law.

Strictly implement the measures for the management and disposal of confiscated goods by the State Bureau of Quality and Technical Supervision, and establish a strict system of procedures for the handover, storage and disposal of confiscated goods. Unified registration of confiscated goods, the establishment of special places and special custody personnel, unified custody of confiscated goods. Law enforcement officers shall, within three days after the confiscation of goods, hand over the confiscated goods to the safekeeping personnel with the list of confiscated goods. After the "decision on administrative punishment" is served, the confiscated goods that have not applied for administrative reconsideration or brought an administrative lawsuit within the prescribed time limit shall be put forward within six months, and shall be disposed of uniformly after examination and approval according to the prescribed procedures. The disposal of confiscated goods shall be carried out by means of supervised destruction, auction or necessary technical treatment according to the relevant provisions of the state and the different characteristics of confiscated goods. At the time of disposal, the safekeeping personnel and the handling personnel of the confiscated goods shall go through the formalities of leaving the warehouse. If the confiscated goods are destroyed, the quality and technical supervision department shall timely supervise the destruction after examination and approval in accordance with the prescribed procedures. At the time of destruction, there should be more than two administrative law enforcement personnel to participate and make records of destruction. If it is necessary to take photos and videos, they should be taken and archived.

Fourteen, conscientiously perform their statutory duties, strive to achieve law enforcement supervision in place, pay attention to the overall effect of administrative law enforcement, and establish a good social image.

First, we should firmly establish the awareness of grasping quality from the source, strengthen exchanges and cooperation with local quality and technical supervision departments and other government administrative law enforcement departments, timely inform information, strengthen law enforcement, strictly trace the source of illegal products, and thoroughly eradicate the root causes of illegal acts. Resolutely put an end to administrative inaction, chaos and law enforcement disrupting economic order.

The second is to attach importance to the overall effect of administrative law enforcement and establish the social image of administrative law enforcement. The administrative law enforcement supervision of each unit should focus on law enforcement inspection, give full play to the role of administrative law enforcement, and shall not arbitrarily decompose the work of full-time law enforcement agencies; Shall not be fined for the purpose of administrative law enforcement, and shall not be allowed to release fines or indulge illegal acts; It is strictly forbidden to substitute punishment for punishment, and it is strictly forbidden to substitute punishment for release; It is necessary to correctly distinguish between general unqualified and serious unqualified, negligence and intentional illegal behavior, and severely punish intentional illegal behavior and serious unqualified product quality. Strengthen law enforcement inspection and follow up the post-processing results; Under the premise of ordering rectification within a time limit, put forward rectification opinions within a clear time limit, and implement administrative punishment measures only if rectification is not made within the time limit; For those who are ordered to make corrections, we must strictly implement the follow-up rectification and supervision measures, provide relevant materials, and truly implement the rectification and supervision. Effectively establish and maintain a good administrative law enforcement image of the quality and technical supervision department, protect the legitimate rights and interests of the parties, safeguard people's health and safety of life and property, promote healthy economic development, and maintain social harmony.