Social organization registration authority administrative penalty procedures
(Released August 3, 2012 the Ministry of Civil Affairs, the 44th come into force October 1, 2012) Chapter I General provisions
First in order to promote the healthy development of social organization, norms of social organization administrative penalty procedures, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment and the People's Republic of China administrative mandatory law, the social organization registration regulations and the regulations of the Foundation and the interim regulations on the administration of registration of private non-enterprise units, as well as relevant laws and regulations, this provision is enacted.
Second social organizations in these rules refers to civil affairs departments at all levels the registration authority (hereinafter referred to as the registration authority) registration of social organizations, foundations and private non-enterprise units.
Article III jurisdiction of registration authorities at all levels are responsible for the administration of social organizations of the administrative punishment cases.
Fourth registration authorities found not within the jurisdiction of the organs of social organization in the administrative area are in violation of, it shall promptly inform the registration authority having jurisdiction.
Have jurisdiction over the registration authority may in writing delegate to the violations of the registration authority to investigate violations of social organization.
Registration authority having jurisdiction over cases in violation of administrative investigations community organization on the registration administration organ should actively cooperate with and assist in the investigation.
Article fifth registration authority finds the cases under investigation is not under the jurisdiction of, and shall transfer the case to the jurisdiction of the Executive.
Chapter II filing a case, investigation and evidence collection
Sixth registration authorities to comply with the following conditions of social organization offences shall be filed:
(A) the illegal facts of social organization registration regulations have been contravened;
(B) within the scope of registration authority administrative penalties;
(C) belongs to the jurisdiction of the authority.
Article seventh filing shall be made out by filing form, head of the registration authority approval, the registration authority shall designate two or more investigators to investigate.
After eighth case, investigators shall promptly investigate and collect evidence.
Investigators investigation and collection of evidence, shall be not less than two, shall take the initiative to present a law enforcement document.
Party or personnel should help investigators for investigation, and may not refuse or impede, hide or provide false information.
Nineth investigators investigation and gathering of evidence should follow the principle of comprehensive, objective and fair.
Investigators to investigate cases should be collected the following evidence:
(A) documentary evidence;
(B) physical evidence;
(C) the testimony of witnesses;
(D) audio-visual materials, electronic data;
(E) the statement of the parties;
(F) expert opinion;
(VII) the transcripts and field notes.
Such evidence, must be verified, as a basis for ascertaining the facts. Article tenth of investigators and their clients have a direct interest, should be avoided. Avoiding party the right to apply for investigators, investigators can also submit a withdrawal.
Avoided, decided by the head of the registration authority.
11th bar investigators from the parties, witnesses or other persons to investigate cases shall conduct separate inquiries, and interrogation. Ask those questioned record shall be checked. Interrogation is subject to errors, omissions, is asking people to correct or supplement should be allowed. After it has been checked, by the person questioned in the inquiry record signed or sealed.
Reading ability and you're asked, investigators shall read out.
Investigators should sign the interrogation.
12th investigators may request the parties to provide evidence, witnesses or other persons, and calls on the materials provided by signature or seal. 13th investigators shall collect, access and original as the original documentary evidence, material evidence related to the case.
Collect or obtain originals or articles where there is difficulty, should be collected, copies of the original check, with the original photo, labeled "after checking with the original and correct" and the source, and the issuer's signature or seal.
Article 14th investigators collect audio-visual materials, shall indicate the production method, production time, make people and objects, and so on.
15th the registration authorities in collecting evidence, that evidence may be destroyed or lost or difficult to obtain later cases, approved by the head of the registration authority, and antecedent register measures can be taken.
16th advanced registration and preservation of relevant evidence, investigators should notify the Parties present, serve a notice of advance registration saves, inform the parties on the spot to take compulsory administrative measures of reason, basis as well as the Parties shall enjoy the rights, remedies, and listen to the statements of the parties and to defend themselves and making notes. Record signed or sealed by the parties and investigators, refused by the parties, be indicated in the record.
Parties do not present, inviting witnesses to the scene, witnesses and investigators at the scene on the notes signed or sealed.
Investigators should inventory the evidence at the scene, sealed the registration administration organ advance registration saves seals and issue a list of evidence, signed or sealed by the parties and investigators, the parties retained a copy, archive copy.
During the registration and preservation of evidence, the party or person concerned shall not be damaged, destroyed, or move evidence.
17th advanced registration and preservation of evidence, the registration authority shall, within the 7th makes the following decision:
(A) the goods shall be confiscated according to law, in accordance with legal procedures;
(B) according to law should be dealt with by the departments concerned, relevant departments of the surrender;
(C) do not need to register, release registration and preservation, and on time to the termination of the registration and preservation of evidence record, copy, photo, video, and so on.
Article 18th investigators should focus on the relevance, validity and authenticity of the evidence, there is no probative evidence for verification.
Article 19th of evidential material collected, investigators shall draw up a list of evidence, and sources of evidence, proof and summary description of the contents.
Chapter III administrative punishment decision
20th end investigations, investigators reported the end of investigations shall be made.
Investigation final report includes: General information, investigation of social organization process, the facts of the case, legal basis, recommendations, etc. Investigators shall file the registration authority a legal working body or head of Legislative Affairs for written approval.
After the audit, examined by investigators to file and reported to the head of the registration authority for approval.
Article 21st registration authority before making the decision on administrative penalty shall make a prior notice of administrative penalty, inform the parties intended the facts, reasons and basis for administrative penalty and shall inform the parties legally entitled to representation, defence and other rights. The party concerned may receive prior notice of administrative penalty within 3 working days from the date of submission and to defend themselves. Statements and representations can be presented in written or oral form.
Parties presented orally, investigators make a written statement shall be made, after the determinacy check signature or seal. 22nd registration authority the deadline to stop activities, revocation of registration, as well as large amount of fine punishment decision, shall inform the party concerned has the right to require hearings. To request a hearing by the Parties shall be made within 3 working days after registration authority informed.
Registration administration organ shall, before hearing the 7th, notify the parties concerned of the time and place of the hearing.
23rd party fails to submit statements, representations, or organize a hearing, construed as a waiver of such rights.
The registration authority should fully heed the views of the parties, on the facts, reasons and evidence submitted by the parties, should be reviewed.
Article 24th head of the registration authority shall review the investigation results, according to different situation made the following decisions:
(A) be subject to administrative punishment of violations, according to the seriousness and circumstances 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 constitutes a crime, transferred to the judicial authorities.
Complicated or serious illegal activities of the case given deadline to stop activities, revocation of registration, as well as large amounts of fines and other heavy penalties, head of the registration authority should be decided collectively. 25th registration authority decided to impose administrative penalties of social organization, and shall make a written decision of administrative penalty.
Written decision of administrative penalty shall contain the following particulars:
(A) the name or names and 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) administrative penalty decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;
(F) the name of the registration authority decision of administrative penalty and the date of the decision.
Written decision of administrative penalty shall bear the seal of the administrative punishment decision of the registration authority. 26th the administrative punishment decision letter should be pronounced the spot after the party and recorded on the certificate of service by the parties the date of receipt, signed or sealed.
Without the presence of the parties, shall, within the 7th administrative punishment in accordance with this decision in writing to the parties.
The fourth chapter the implementation of administrative punishments
27th party refuses to accept the decision on administrative penalty of the registration authority, may apply for administrative reconsideration or bring an administrative lawsuit, the administrative penalty does not stop the execution, except as otherwise provided by law. 28th the registration authorities of fines to the parties, should strictly enforce the collection of fines separation system. Registration authorities and investigators shall not collect fines on their own.
The Parties shall from the date of receipt of the written decision of administrative penalty in the 15th to the nominated bank to pay the fine.
Article 29th of illegally confiscated property, in accordance with the relevant provisions of the State. Article 30th deadline to stop activities of social organizations, by the registration authority seal registration certificate (original and copy), stamps and financial documents.
Stop the expiration of the period of activity, social organizations submitted corrective action report shall be filed with the registration authorities.
31st social organization registration administration organs shall be ordered to replace officers directly in charge of the social organizations should be implemented within the deadline set by the registration authority. Article 32nd registration authorities decided to revoke registration of social organizations, shall withdraw the registration certificate (original and copy) and seal.
Social organization refused to surrender or surrendered, registration authority may notice invalid.
33rd party fails to carry out administrative punishment decision, the registration authority may adopt the following measures:
(A) the expiration does not pay the fine, 3% Add a fine in amount of the daily penalty, add a fine standard shall inform the parties, plus the amount shall not exceed the original amount of the fine;
(B) apply to a people's Court for compulsory execution;
(C) other measures provided by law.
The fifth chapter service
Article 34th investigators served on the legal instrument should have a certificate of service, by the addressee in the certificate of service is written the date of receipt, signed or sealed.
Addressee in the receipt date on the certificate of service for service.
35th service of legal documents, should be sent directly to the addressee, and organized by the society's legal representative, the main person in charge or the person responsible for receiving documents signed; recipient of the service agent, could be sent to his agent signed receipt; the addressee has filed with the registration authorities designated receiver, sent to the receiver to sign.
Article 36th addressee refuses to sign legal documents, the person concerned shall be invited representatives of grass-roots organizations or the units arrived at the scene, explained the situation, service refused to sign and date written on the card, signed or sealed by the service, witnesses, legal instruments remain in the residence of the addressee, service shall be considered.
Grass-roots organizations or units concerned representatives and other witnesses are reluctant to sign the certificate of service or seal, by the person recorded in the certificate of service, instrument served on the addressee's home, the service shall be considered. 37th direct service of legal documents are in trouble, have jurisdiction over the registration authority may be entrusted to another registration authority service or service by mail.
Service by post, date is stated on the receipt date of service. Article 38th other means cannot be served as provided in this chapter, service by public announcement. Spontaneous announcement date, after 60 days, the service shall be considered.
Service by publication, shall be recorded in the files of the reasons and after.
The sixth chapter closed, archive
39th under any of the following circumstances shall be closed:
(A) completion of administrative punishment cases;
(B) no administrative penalty decisions taken;
(C) shall not be given administrative punishment decision is made;
(Iv) transferred to judicial organs for decision.
40th after closing, the registration authority shall, in accordance with the following requirements timely filing of cases:
(A) the file should be a case of a volume, files are volume, Vice volume;
(B) the various types of documents and evidence materials complete, may damage forge;
(C) the case file should be used when writing pen, brush or pen.
41st volume materials should be in accordance with the written decision and certificate of service in the former and the remaining materials listed according to their chronological principle of handling.
Filing form, such as form and internal documents can be placed under the volume.
Volume list of materials should be prepared and page pagination. 42nd files after archiving, no person shall, without adding or extracting files material.
Without permission, no unit or individual is allowed to consult the files.
The seventh chapter by-laws
During the 43rd article of the relevant provisions of, inter alia indicate the working day, a natural day. During the time and date are not counted.
Period shall not include traveling time expires the last day of the period for the day, statutory holiday, Festival, holiday, on the first day after the date of the expiration of the period. 44th article of the regulations come into force on October 1, 2012.