On February 28, spokeswoman for the Shanghai municipal government Jiao Yang replied to reporters’questions on the city’s rules dealing with faults in administrative law enforcement, which go into effect on March 1.

Q: What is the legal basis of the rules?

A: In a legal perspective, there are two laws in close relation with the rules. They are China’s administrative supervision law and civil servant law. The administrative supervision law, issued in 1997, has been effective for 10 years. The implementation regulations of the administrative supervision law, enacted in 2004, specify some clauses of the law, giving the city a mature legal resource while drafting rules. Besides, the two chapters–punishment and accusation–in the civil servant law, issued in 2005, also provide a reference for the rules.

Q: To put the rules into practice correctly, what needs attention?

A: We need to deal with three parts while implementing the rules.

One is the relation between dealing with wrongdoings in administrative law enforcement and introducing a responsibility mechanism of administrative law enforcement. In the system of the responsibility mechanism: the responsibility of law enforcement is the basis; the procedure of law enforcement is the key; the appraisal and examination are measures; and dealing with faults is the safeguard. The fours parts are integrated into a whole. None can be neglected. While introducing the mechanism to deal with wrongdoings, we cannot focus on only one part. We must give attention to the other three parts. Thus the rules can regulate administrative law enforcement effectively, promoting lawful exercises of power.

Another is the relation between dealing with faults in administrative law enforcement and preventing wrongdoings. Dealing with faults is a measure rather than a purpose. One of its important functions is to give a warning to faults that may occur. The importance doesn’t lie in punishment itself. Establishing a mechanism of fault prevention and correction, along with enhancing the sense of law enforcement teams are significant to regulate administrative law enforcement.

The last is the relation between dealing with wrongdoings in administrative law enforcement and raising the efficiency of administrative law enforcement. Dealing with faults should be impartial, fair, proper and effective, and should not hinder strict law enforcement. Normal and efficient administrative law enforcement should be ensured.