Violation of the regulations on the implementation of administrative punishments of railway safety approach
(December 24, 2013 to 2013 the Ministry of transport announced come into force on January 1, 2014, 22nd) Chapter I General provisions
First to standardize the administrative punishments of railway safety, maintaining the lawful rights and interests of the parties, in accordance with the People's Republic of China administrative penalties Act, the railway safety regulations (hereinafter referred to as the regulations), the construction engineering quality management regulation and other laws and administrative regulations, these measures are formulated.
Article II, state railways and Railway Administration (hereinafter referred to as rail regulator) to acts in violation of the regulations impose administrative penalties procedures apply.
Third rail regulators to impose administrative penalties, following the principles of lawfulness, fairness, openness, adhere to combination of punishment and education.
Imposition of administrative penalty shall, in accordance with the statutory duties and statutory procedures, according to the facts, the nature and seriousness of the violations and the harm to the railway safety level.
Article at railway administrative punishments by administrative law enforcement personnel shall produce their certificates for law enforcement.
Five citizens, legal persons or other organizations to the rail regulator for the administrative penalties, and shall have the right, the right to be heard.
Citizens, legal persons or other organizations for violation of article VI administrative punishment, offences causing damage to others shall bear civil liabilities according to law.
Illegal act constitutes a crime, criminal liability shall be investigated for, and shall not be replaced by administrative penalties to criminal penalties.
Chapter II jurisdiction and application of administrative punishment The seventh article of the Ordinance by the rail regulator matters of punishment, carried out by the railway administration. On the complexity of the case, serious, social influence cases, cross-regional and national railway company deems it necessary, sanctions by the national railway companies.
Directly to the State Railways report, complaints of cases decided by the State railway law jurisdictions. Administrative penalties imposed by the railway administration railway, usually governed by railway administration in the area where the violations occurred.
Areas of jurisdictional disputes between railway administrations, shall be submitted to the state railways designated jurisdiction.
Eighth on the same violations by the parties, shall not be given more than two penalties administrative penalties.
Nineth party, one of the following circumstances shall be shall be given a lighter or mitigated punishment:
(A) the initiative to eliminate or mitigate harmful consequences for offences;
(B) coercive implementation of railway safety violations by others;
(C) the railway regulators investigate hazards of the Railway Safety Act has performed meritorious service;
(D) other law should be given a lighter or mitigated punishment.
Offence minor and corrected without causing harm, not to punish. Tenth offence within 2 years had not been found, and no administrative penalties.
Except as otherwise provided by law. The period of time specified in the preceding paragraph, from the date on which the violation occurred.
Continuous or continuing status for offences, from the date on which the Act ended.
Chapter III administrative penalties for violations
11th eighth in violation of the regulations provides that railway construction engineering survey, design, construction, supervision and procurement of construction materials, equipment is not legal tender, by the railway administration in accordance with the People's Republic of China bidding law and the People's Republic of China bidding law regulations for the implementation of laws and administrative regulations to implement penalties.
12th Nineth in violation of the regulations provides that engaged in railway construction engineering survey, design, construction, supervision and activities beyond the level of qualification to contract projects of, by the railway administration in accordance with the regulations on the management of construction engineering quality article 60th, ordered to desist from the illegal act and impose the appropriate penalty, illegal income shall be confiscated:
(A) has not been substantive project-building activities, investigation and supervision units, design units, or contracted survey costs, design costs and supervision of payment 1 time penalty, fine at 2% of the contract price for the construction unit;
(B) substantive project-building activities, caused no railway construction project quality accident, investigation and supervision units, design units, or contract prospecting, design or supervision fees more than 1 time fined not more than 1.5 times, to contract for construction project 3% over 2% the price of a fine;
(C) railway construction project quality accident, investigation and supervision units, design units, or contracted survey costs, design costs or remuneration of the Commissioner fined not more than 1.5 times more than twice times, to contract for construction project 4% over 3% the price of a fine.
Has not obtained the qualification certificate to contract projects, shall be banned, in accordance with the provisions of the preceding paragraph shall impose fines illegal income shall be confiscated.
Obtaining qualification certificates by deception to contract projects, in accordance with the provisions of the first paragraph of this article shall impose fines illegal income shall be confiscated.
Tenth to 13th in violation of the Ordinance provides that the unit selected does not have the appropriate level of qualification of the investigation, design, construction, construction supervision units, the railway administration in accordance with the regulations on the management of construction engineering quality article 54th, ordered corrective action and impose appropriate fines:
(A) construction qualification of individual projects the contract price exceeds allowed size up to 1 time x, or you can choose more than 1 level of qualification investigation, design, construction, construction supervision units, each of between 700,000 and 500,000 Yuan Yuan fines;
(B) individual construction contract price exceeds the construction level of qualification to allow more than 1 time times the size no more than twice times, or select more than 2 or above qualification levels of survey, design, construction, construction supervision units, each of between 900,000 and 700,000 Yuan Yuan fines;
(C) individual contract price exceeds the construction level of qualification to allow more than twice times the size, or not qualified set of survey, design, construction, construction supervision units, each up to a fine of less than 900,000 yuan and 1 million Yuan.
11th to 14th in violation of the Ordinance provides that the high speed railway and complicated geological structure survey of the implementation of any project supervision system of railway construction, the railway administration in accordance with the regulations stipulated in the 84th of, correction, and corresponding fines for units:
(A) caused no railway construction engineering quality accidents, fines of between 100,000 yuan and 200,000 yuan;
(B) railway construction project quality accident, between less than 300,000 yuan and 200,000 yuan in fines;
(C) cause a larger and higher grade railway construction engineering quality accident, fined not more than 300,000 yuan and 500,000 yuan.
13th to 15th in violation of the Ordinance provides that construction the use of substandard building materials, fittings and equipment, by the railway administration in accordance with the 64th article of construction engineering quality management regulation, ordered corrective action and impose appropriate fines:
(A) railway construction project quality accident caused no, fine at 2% of the contract price;
(B) railway construction project quality accident, the construction contract 3% 2% more than the price of a fine;
(C) cause a larger and higher grade railway construction engineering quality accident, construction contracts 4% over 3% the price of a fine.
13th to 16th in violation of the Ordinance provides that the employer construction of express or implied the use of substandard building materials, fittings and equipment, by the railway administration in accordance with the regulations on the management of construction engineering quality article 56th ordered corrective action and corresponding fines for units:
(A) railway construction project quality accident caused no, between less than 300,000 yuan and 200,000 yuan in fines;
(B) railway construction project quality accident, fined not more than between 400,000 yuan and 300,000 yuan;
(C) cause a larger and higher grade railway construction engineering quality accident, more than 400,000 yuan and 500,000 yuan fine.
14th to 17th in violation of the Ordinance provides that the employer violations of request compressed project design, construction units, the railway administration of construction engineering quality management regulation in accordance with the article 56th, correction, depending on the circumstances, impose the appropriate penalty:
(A) railway construction project quality accident caused no, between less than 300,000 yuan and 200,000 yuan in fines;
(B) railway construction project quality accident, fined not more than between 400,000 yuan and 300,000 yuan;
(C) cause a larger and higher grade railway construction engineering quality accident, more than 400,000 yuan and 500,000 yuan fine.
15th to 18th in violation of the Ordinance provides that the units not organized railway construction project completion acceptance, delivered without permission; or unqualified acceptance, delivered without permission; or the unqualified acceptance of construction works in accordance with the qualified engineering, by the railway administration in accordance with the regulations on the management of construction engineering quality article 58th, correction, depending on the circumstances, impose the appropriate penalty:
(A) has not had an impact on safety of railway operations, fine at 2% of the contract price;
(B) affect the safety of railway operations, engineering contracts 3% over 2% the price of a fine;
(C) the railway accident, construction contracts 4% over 3% the price of a fine.
16th to 19th in violation of the Ordinance provides that railway construction on the railway line and its adjacent region railway construction execution running railway line construction safety management regulations, affect the safety of railway operations, the railway administration in accordance with the regulations stipulated in the 84th of, correction, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, fines of between 100,000 yuan and 200,000;
(B) an episode of, between less than 300,000 yuan and 200,000 yuan in fines;
(C) the railway accident, fined not more than 300,000 yuan and 500,000 yuan.
20th article violation Ordinance 25th article provides, for railway transport of security detection, and monitoring, and protection facilities equipment, container and set loaded of appliances, transport apparatus, and dedicated handling mechanical, and cable with, and tarpaulin, and mount reinforcement material or device, and transport packaging, and goods mount reinforcement,, not meet national standards, and industry standard and technology specification of, by area railway supervision authority in accordance with Ordinance 87th article provides ordered corrected, depending on plot sentenced corresponding fine:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
21st article violation Ordinance 26th article provides, railway locomotive vehicles and other dedicated equipment manufacturing who not by provides recalled defects products, take measures elimination defects of, by national railway in accordance with Ordinance 86th article provides, ordered corrected; refused to corrected of, at defects products goods value amount 1% above 5% following of fine; refused to corrected and caused railway traffic accident of, at defects products goods value amount 5% above 10% following of fine; plot serious of, revoked corresponding of license documents.
22nd 27th article in violation of the regulations, construction, reconstruction of railway of railway construction unit or not legally protected under the railway safety in railway transport enterprises plans to set up stakes, by the railway administration in accordance with the 87th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between 50,000 and 20,000 yuan of a fine;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
23rd violates article 28th of the regulations, designed to open more than 120 km per hour trains of the railway is not in accordance with the relevant provisions and standards setting, maintaining the railway closed facilities, safety protection facilities, the railway administration in accordance with the 87th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
24th 29th in violation of the regulations provides that the fires in railway safety reserves and keep their cattle and the cultivation of trees and other plants of the railway lines and the road looks, or to railway safety reserve pollution, dumping of garbage and other substances that jeopardize the safety of railways, by the railway administration in accordance with the regulations stipulated in the 88th of correction is subject to corresponding penalties:
(A) the offence of minor, the unit may be fined not more than 10,000 yuan for individuals may be fined not more than 500;
(B) an episode of the unit may be fined not more than 10,000 yuan and 30,000 yuan for individuals may be fined not more than RMB 500 Yuan more than 1000;
(C) illegal and serious, the unit may be fined not more than RMB 30,000 yuan and 50,000, for individuals between 2000 and 1000 Yuan Yuan fine. 25th article violation Ordinance 30th article provides, without railway transport enterprise agreed and signed security agreement, in railway line security reserves within built buildings, and structures, laying, and erection various pipeline, and cable, and aqueduct, facilities, take soil, and dug sand, and dug ditch, and mining empty job or stacked, and hanging items, or violation guarantee railway security of national standards, and industry standard and construction Security specification, effect railway transport security of, by area railway supervision authority in accordance with Ordinance 89th article provides ordered corrected,
Subject to corresponding penalties:
(A) the violation minor, may be fined not more than 50,000 yuan;
(B) an episode of, and may be fined not more than 50,000 yuan and 100,000 yuan.
Railway transport enterprises were not sent to railway line construction site safety supervision and safety protection areas can be fined not more than RMB 30,000 yuan.
32nd 26th in violation of the regulations provides that the railway build or set up a security zone and its adjacent areas of buildings, structures, equipment and so on into the national railway construction clearance, the railway administration in accordance with the 90th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the offence of minor, the unit fines of between 50,000 yuan and 100,000 yuan of personal fines of between 10,000 yuan and 20,000 yuan;
(B) an episode of the unit fines of between 100,000 yuan and 150,000 yuan of personal fines of less than 20,000 yuan and 30,000 yuan;
(C) illegal and serious, the units to a fine of less than 150,000 yuan and 200,000 yuan of personal fine of between 50,000 yuan and 30,000 yuan.
33rd to 27th in violation of the Ordinance provides that in both sides of the railway line construction, manufacturing, processing, storing or selling flammable and explosive or places for dangerous substances, such as radioactive materials warehouse does not meet national standards, industry standard security protection zone, the railway administration in accordance with the 90th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the offence of minor, the unit fines of between 50,000 yuan and 100,000 yuan of personal fines of between 10,000 yuan and 20,000 yuan;
(B) an episode of the unit fines of between 100,000 yuan and 150,000 yuan of personal fines of less than 20,000 yuan and 30,000 yuan;
(C) illegal and serious, the units to a fine of less than 150,000 yuan and 200,000 yuan of personal fine of between 50,000 yuan and 30,000 yuan.
28th article 43rd in violation of the regulations, not set by the regulation, maintenance under railway bridge, culvert road high limit protection, by the railway administration in accordance with the 87th of the Ordinance shall be ordered to correct, depending on the corresponding penalties:
(A) not required maintenance, and fined not more than between 30,000 and 20,000 yuan;
(B) in accordance with stipulations set, between of less than 50,000 yuan and 30,000 yuan fines;
(C) for not complying with the provisions set up or maintained, and consequence, fines of between 50,000 yuan and 100,000 yuan.
29th article violation Ordinance 44th article provides, railway line security reserves within of road and railway line cutting Shang of road, and across railway line of road bridge, not according to national about provides and standard set, and maintenance, and management prevent vehicles and other objects into, and fell railway line of security protection facilities and warning logo of, by area railway supervision authority in accordance with Ordinance 87th article provides ordered corrected, depending on plot sentenced corresponding fine:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
30th 45th in violation of the regulations provides that the erection, laying of railway signal and communication lines, towers did not meet national standards, industry standards and railway safety requirements, or failing to railway signal and communication lines, towers for maintenance and management, by the railway administration in accordance with the 87th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
31st article violation Ordinance 47th article provides, railway and road cross of no guards crossing not according to national standards set, and maintenance warning logo; was guards crossing not set, and maintenance mobile railing, and train close alarm device, and warning lamp, and warning logo, and railway crossing sections marking, security protection facilities of, by area railway supervision authority in accordance with Ordinance 87th article provides ordered corrected, depending on plot sentenced corresponding fine:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan. 32nd article violation Ordinance 48th article provides, motor vehicle or non-motor vehicle in railway crossing within occurred fault or mount real dropped, not immediately will fault vehicles or dropped of Mount real moved to security locations, or not immediately report railway crossing guards personnel of; in no guards crossing, not immediately in crossing ends take measures stopped stopped train, and near notification railway station or police organ of, by area railway supervision authority in accordance with Ordinance 94th article provides ordered corrected,
Between 5000 and 1000 Yuan Yuan fine.
33rd 49th in violation of the regulations provides that the tracked vehicles may damage railway equipment such as vehicles, objects through the railroad crossing, railway crossing without advance notice management unit, and take the appropriate safety precautions, by the railway administration in accordance with the regulations stipulated in the 94th of correction of up to between 5000 and 1000 Yuan fine.
34th article violation Ordinance 50th article provides, railway transport enterprise not in railway bridge, and tunnel of ends, railway signal, and communications light (electric) cable of laid, and laying locations, electrified railway catenary, and automatically block power line and power through line, power facilities near easy occurred dangerous of locations according to national standards, and industry standard set easily recognition of warning, and protection logo of, by area railway supervision authority in accordance with Ordinance 87th article provides ordered corrected, depending on plot sentenced corresponding fine:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
35th, 55th in violation of the regulations provides that railway transport enterprise is not on railway lines, railway guards and warning signs for regular inspections and maintenance, the railway administration in accordance with the 87th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
36th 57th in violation of the regulations provides that railway locomotive drivers who hold an expired or invalid license practitioners, by the Railway Administration ordered corrective action and may be fined not more than 1000 Yuan.
37th, 59th in violation of the regulations provides that the railway transportation enterprise use of means of transport, loading and securing equipment and other specialized facilities and equipment did not meet national standards, industry standards and safety requirements, the railway administration in accordance with the 87th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
38th article violation Ordinance 67th article provides, railway transport checked people checked goods, and luggage, and package Shi Punic reported, and lied about goods name, and nature, and weight, or loading, and boxing over provides weight and in general goods in the entrainment dangerous goods, or in dangerous goods in the entrainment ban distribution loaded goods of, by area railway supervision authority in accordance with Ordinance 96th article provides ordered corrected, depending on case sentenced corresponding fine:
(A) the consignment of goods, luggage, parcel Punic reported the false name of goods, the nature, weight, loading, packing or in excess of the weight, minor, and to a fine of less than 2000 Yuan; plot heavy, fine at less than 2000 Yuan and 10,000 yuan in serious cases, fines of between 10,000 yuan and 20,000 yuan;
(B) lied about hazardous chemicals or Punic reported for general cargo shipment, fines of between 100,000 yuan and 150,000 yuan against serious cases, between 200,000 and 150,000 Yuan Yuan fines;
(C) General cargo carrying dangerous goods, carrying banned the loading of goods in the dangerous goods, between of less than 100,000 yuan and 30,000 yuan fines against serious circumstances, fines of between 100,000 yuan and 200,000 yuan.
39th 68th in violation of the regulations provides that the railway transport enterprises in the non-hazardous freight handling station for the carriage of dangerous goods procedures, carrying goods that are not subject to security inspection, the carrier does not comply with the safety regulations, may jeopardize the safety of railway transport of goods, by the railway administration in accordance with the 100th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
40th 69th in violation of the regulations provides that railway transportation enterprises and the shipper fails to comply with laws and regulations and other relevant regulations of the State using a dedicated facilities and equipment of the transport of dangerous goods, by the railway administration in accordance with the 87th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
41st 69th in violation of the regulations provides that the shipper for transport transport of dangerous goods by rail is not equipped with the necessary emergency equipment, equipment and supplies, by the railway administration in accordance with the regulations stipulated in the 97th of correction, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, fines of between 10,000 yuan and 20,000 yuan;
(B) the illegal circumstances of imprisonment of less than 20,000 yuan and 30,000 yuan fines;
(C) the violation serious, fine of between 50,000 yuan and 30,000 yuan.
42nd 71st in violation of the regulations provides that the railway transport enterprises is not in accordance with the practice for packing, loading and unloading, the transport of dangerous goods, to prevent dangerous goods leak, explosion, by the railway administration in accordance with the 100th of the Ordinance shall be ordered to correct, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, between fine below 50,000 yuan and 20,000 yuan;
(B) an episode of, between 70,000 and 50,000 Yuan Yuan fines;
(C) illegal in serious cases, fines of between 70,000 yuan and 100,000 yuan.
43rd 71st in violation of the regulations provides that the shipper does not follow the practice for packing, loading and unloading of railway transportation, the transport of dangerous goods, to prevent dangerous goods leak, explosion, by the railway administration in accordance with the regulations stipulated in the 97th of correction, depending on the circumstances, impose the appropriate penalty:
(A) the violation minor, fines of between 10,000 yuan and 20,000 yuan;
(B) the illegal circumstances of imprisonment of less than 20,000 yuan and 30,000 yuan fines;
(C) the violation serious, fine of between 50,000 yuan and 30,000 yuan.
44th article violation Ordinance 72nd article provides, railway transport enterprise and checked people not in accordance with legal regulations and national other about provides packaging, and mount, and escort anesthesia drug and spirit drug, special drug, caused special drug in transport process in the was stolen, and was Rob or occurred lost of, by area railway supervision authority in accordance with anesthesia drug and spirit drug Management Ordinance, related legal, and administrative regulations provides punishment.
The 45th in violation of the provisions of the Ordinance, this approach does not provide for administrative penalties, provisions of other laws and regulations, in accordance with its provisions.
46th railway regulators found that practices in violation of the provisions of the Ordinance, but the Department does not have to deal with, and shall promptly inform the transfer or competence to deal with the sector.
Fourth chapter procedure of administrative penalty
47th railroad supervision Department found breaches of the Ordinance and act should be given administrative punishments according to law, shall be in accordance with this Regulation shall be subject to the jurisdiction of the case.
48th Railway case are subject to regulatory offences, should be comprehensive, objective and fair investigations, collect evidence.
49th railway when investigating and gathering evidence in administrative law enforcement personnel shall abide by the following provisions:
(A) not less than 2 persons;
(B) the witnesses and the parties, should be conducted separately, and to inform its liability for perjury; the interrogation subject is asking people to read after nuclear, signed by the inquiry and the inquiry, person questioned refuses to sign, by the person indicated in the interrogation situation;
(C) for items related to the case or inspection on the spot inspection, shall notify the party scene, making the inspection (examination) of record, parties refusing to be present, other persons may request the presence of witnesses;
(D) sampling evidence need to be taken, it shall make the list of sample evidence and safekeeping, and need to be returned shall be returned;
(E) to highly specialized issues involved, shall employ has the expertise and technical capability to identify the departments and persons;
(F) in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the heads of administrative organs, advanced registration and preservation, making the list of advanced registration and preservation of evidence, and shall, within the 7th advanced registration and preservation of evidence to make a decision.
50th enforcement staff and the parties to the case have an interest or have other relationships may affect the fairness of the right to apply for law enforcement officers to avoid.
Law enforcement officials consider themselves and have an interest in the case or if there are other relations, shall apply for withdrawal.
Avoid decided by the heads of law enforcement agencies of law enforcement personnel, head of the law enforcement agency where the person responsible to avoid the decision. 51st after the end of investigations, law enforcement officials believe that the facts of the case clearly, major evidence is complete, shall draw up a report on the investigations and put forward opinions on the case, reported to the heads of law enforcement agencies to review. Involves Department management issues, should be sent to the relevant departments. Administrative licensing items shall be sent for review of administrative licensing sector review.
Major, difficult cases to investigate the situation, and shall report to the relevant departments of the State Railways.
By the nature of the case or objective reasons does not need or cannot continue to carry out the investigation, you can make a written decision on the termination of investigation, and served on the relevant parties, complainants and informants. 52nd of the investigation report, after review by the law enforcement departments, thought should be given administrative punishments, law enforcement officials shall draw up a notice of administrative penalty served on was told people, let the facts, reasons and basis for administrative penalty decisions are made. And inform their right to representation, to plead and lawful right to hearing.
Fails proposed hearing, deemed abandoned. 53rd level of law enforcement departments to make greater fines, administrative penalties such as revoking licenses prior to the decision, it shall inform the parties have the right to request hearings; request a hearing of the parties, case managers shall report to the competent head of the rail regulator, organized by the Legal Affairs Department hearing.
Hearing procedures according to relevant laws and administrative rules and regulations.
54th railway authorities according to the circumstances of the case, respectively, made the following decision:
(A) the offence should be given administrative punishment, in light of the circumstances and gravity of the harm, make a decision of administrative penalty; (B) the violation minor, no administrative penalty according to law, no administrative penalty;
(C) illegal facts are not established and not subject to administrative penalties;
(D) an unlawful act of a crime, transferred to the judicial authorities. 55th line produced by regulatory departments of the written decision of administrative penalty.
The administrative punishment decision letter should contain the following items:
(A) the name or title, address or addresses of the parties;
(B) the facts and evidence of the violation of laws, rules or regulations;
(C) the types and basis for administrative penalty;
(D) the method and duration of administrative penalties;
(E) appealed against the decision on administrative penalty, in ways and deadlines apply for administrative reconsideration or administrative proceedings;
(F) the name of the railway regulators make a decision of administrative penalty and the date of the decision.
Written decision of administrative penalty shall bear the administrative punishments of railway Special seal of regulatory administrative punishment decision. 56th law enforcement agencies responsible for the written decision of administrative penalty.
Written decision of administrative penalty shall proclaim the spot after the party, the party refused to sign, and service personnel should be indicated on the certificate of service; without the presence of the parties, shall be in accordance with the provisions of the civil procedure law in the 7th, Lien service delivery, mail delivery, service, etc.
Parties after the receipt of the written decision of administrative penalty shall be indicated in the certificate of service of the decision on administrative penalty received dates, signatures or seals. After the 57th executive law enforcement officers to collect fines, shall be issued by the Ministry of unification made fine receipt.
Penalties and fines collected should be separated, fine for the amount must be paid in accordance with the relevant provisions, no unit or individual is allowed to retain, distribute or disguised privately.
Article 58th date of administrative penalty cases generally should be completed on the 30th; unable to complete due to objective reasons, agreed by the heads of law enforcement agencies, can be prolonged, but not more than 60 days of special circumstances, it is necessary to further extend, should be approved by the head of the rail regulator, can be extended to 90 days.
59th administrative punishment decision, the Parties shall, within the term of the decision on administrative penalty to fulfil.
The party refuses to accept the decision on administrative penalty, may apply for administrative reconsideration or bring an administrative lawsuit, the administrative penalty does not stop the execution, except as otherwise provided in laws and administrative regulations.
60th party fails to carry out administrative punishment decision, railway authorities may take the following measures:
(A) the expiration does not pay the fine, 3% Add a fine in amount of the daily penalty, additional fine may not exceed the penalty money amount of the obligation;
(B) within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, nor performs the decision of administrative penalty, law enforcement agencies can request the people's Court within 3 months from the date of expiry of enforcement. 61st railway before regulators apply to a people's Court for compulsory execution, should urge the parties concerned to meet their obligations.
Written notice to the parties after the 10th and failed to perform an obligation, may apply to a people's Court has jurisdiction over the seat to enforce implementation object is in real estate, the real property is located has jurisdiction over the people's Court for compulsory execution.
62nd to a people's Court for compulsory execution, should provide the following materials:
(A) the application for enforcement;
(B) the written decision of administrative penalty and to decide the facts, grounds, and basis;
(C) the views of the parties and the Executive conditions of publication;
(D) seeking to enforce the standards;
(V) other materials stipulated by laws and administrative regulations.
Enforcement of the application shall be signed by the head of the rail regulator, with the oversight of the Executive Department of the seal, and dated.
63rd urgent circumstances, to protect public security, railway regulator may apply to the Court immediately.
64th railway regulator disagrees with the decision of the Court not to accept, from the date of receipt of the order, 15th in the higher level people's Court for reconsideration.
65th if they face genuine financial difficulty, delay or in installments to pay the fine, and applications by the parties and approved by the rail regulator, can be suspended or made in installments.
66th area Railway Administration on large amount of fine administrative punishment decision is made by the parties, shall make a written decision of administrative penalty within 7th day of reported national railway authority record.
67th after completion of administrative punishment decision, the following cases should be filing:
(A) registration form;
(B) the investigation report;
(C) evidence;
(D) the notice of administrative penalty, the administrative punishment decision letter, certificate of service;
(E) copies of receipts;
(F) handling the case in the form of other materials.
The 68th in accordance with these measures shall be ordered to correct or 50 Yuan for citizens, legal persons or other organizations under 1000 Yuan fine, you can apply the People's Republic of China summary of the provisions of the law on administrative punishments, administrative punishment decision letter should be delivered on the spot party.
Fifth chapter law enforcement and supervision
69th railway authorities shall establish the responsibility system in administrative punishment, imposed on persons responsible for illegal imposition of administrative penalty liability.
70th supervisory organs are responsible for law enforcement and law enforcement personnel to supervise and inspect the implementation of administrative punishments, accept for law enforcement and acts of administrative discipline violations by law enforcement officials of the accusation, the reporting and investigation in accordance with law. Legal Affairs Department is responsible for law enforcement and law enforcement personnel to supervise the implementation of laws and regulations.
Safety supervision departments, the personnel department is responsible for the day-to-day management and training of law enforcement personnel, do not meet the qualifications of personnel of law enforcement should stop its enforcement work, collect their certificates for law enforcement. 71st citizens, legal persons or other organizations think that administrative penalties against their lawful rights and interests of the railway regulator, right, in accordance with the People's Republic of China administration reconsideration law application for administrative reconsideration.
National Railway Company Legal Affairs Department, Security Ministry gate to the railway administration of illegal or improper administrative punishment has the right to redress.
72nd citizens, legal persons or other organizations think that administrative penalties against their lawful rights and interests of the railway regulator, right, in accordance with the People's Republic of China administrative litigation law, bring administrative proceedings.
73rd railway regulator illegal imposition of administrative penalty, for personal or property damage, causing property damage to units shall be in accordance with the People's Republic of China on State Compensation Act compensation.
The sixth chapter supplementary articles
74th rail regulator in accordance with the laws, rules and regulations, can be commissioned within statutory authority meets the statutory requirements of organizing the implementation of administrative punishments.
Set forth in 75th 106th under the Ordinance, private railways, railway lines of the regulations of the administrative penalty in accordance with the measures.
76th herein, the term "larger fines" refers to the fine of more than 10,000 yuan for individuals, the unit shall impose a fine of 100,000 Yuan or more.
This approach "above" containing the number, "" does not contain this number.
77th format of legal instruments provided for in this way, developed centrally by the State railway. 78th these measures shall enter into force on January 1, 2014. On January 4, 2006 issued by the Ministry for violations of the railway transport safety protection Ordinance implementation measures of administrative penalty (Ministry, 27th) repealed simultaneously.
