Cultural Market Administrative Law Enforcement Integrated Management Approaches

Original Language Title: 文化市场综合行政执法管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362003.shtml

Cultural market administrative law enforcement integrated management approaches

    (December 19, 2011 Ministry of culture released 52nd come into force February 1, 2012) Chapter I General provisions

    First to standardize the administration of cultural market comprehensive law enforcement, strengthen the management of the cultural market, maintaining the cultural market order, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy development of the cultural market, according to the People's Republic of China Law on administrative punishment and the People's Republic of China administrative enforcement law and other relevant laws and regulations of the State, these measures are formulated.

    Article cultural market comprehensive law enforcement in these measures refers to the administration of cultural market comprehensive law enforcement agencies (hereinafter referred to as law enforcement agencies), in accordance with the provisions of the relevant laws, rules and regulations of the State, on the cultural activities of citizens, legal persons or other organizations carry out supervision and inspection, and violations of the specific administrative act.

This article referred to law enforcement agencies, including:

(A) authorized by the laws and regulations to implement the cultural market administrative law enforcement, responsible for the people's Government at the law enforcement agencies;

    (B) accept the relevant administrative departments to delegate implementation of cultural market administrative law enforcement, under direction and supervision of the delegate authorities, to delegate authorities responsible for law enforcement agencies.

    Fourth cultural market comprehensive law enforcement should be equitable, fair and open principles, establish clearly specified powers and responsibilities, code of conduct, monitor effectively, ensuring strong administrative enforcement mechanism.

Fifth Ministry of culture is responsible for directing the national administration of cultural market comprehensive law enforcement, establishment of unified comprehensive cultural market comprehensive administrative law enforcement system, a national technical regulation system of the cultural market, strengthening the administration of cultural market comprehensive law enforcement team specialization, standardization and Informationization construction, improving cultural market administrative law enforcement performance evaluation.

Within the competence of the relevant administrative departments within their mandates, to guide integrated law enforcement agencies to carry out law enforcement operations.

    Law enforcement agencies at all levels in accordance with the Division of responsibilities is responsible for the administration of cultural market comprehensive law enforcement work in the administrative area.

    Chapter II of law enforcement agencies and law enforcement personnel

    Sixth law enforcement agencies with the relevant administrative departments should establish cooperation mechanism, grasp the basis of administrative law enforcement, standards as well as relevant administrative permit, regularly informed on market trends and administrative enforcement, policy or proposal.

Article seventh cultural market administrative law enforcement personnel (hereinafter referred to as law enforcement personnel) shall meet the following requirements:

(A) the People's Republic of China nationality;

(B) at least 18 years of age;

(C) the law, good behaviour, good health;

(Iv) familiar with the cultural market management law, master's business knowledge and skills needed to manage the cultural market;

(E) has no record of a crime or dismissed;

(Vi) other conditions stipulated by laws and regulations.

    Hiring law enforcement officers should refer to the People's Republic of China relevant provisions of the law on civil servants open audition applicants.

Article eighth by the officers, job training and passed the examination, made the People's Republic of China administration of cultural market comprehensive law enforcement certificates or administrative law enforcement certificate issued by the people's Governments at all levels, may engage in administrative law enforcement. Comprehensive law enforcement agency should be an annual evaluation of law enforcement officers.

    Assessment of qualified law enforcement officers, shall withhold law enforcement credentials.

    Nineth comprehensive law enforcement agency should be training for law enforcement personnel in a planned way, encourage law enforcement officers to participate in in-service continuing education.

    Tenth comprehensive law enforcement agency should be equipped with inquiry, evidence preservation, and other special rooms and transportation, communication, forensics, testing and other facilities necessary for administrative law enforcement equipment for law enforcement officers take out personal accident insurance. 11th comprehensive law enforcement agencies should carry out periodic job rotation system.

    Law enforcement officers law enforcement position to work continuously in the same time, in principle not more than 5 years.

    12th the relevant administrative authorities or law enforcement agencies can be integrated according to the relevant provisions on the progress of work of law enforcement agencies and law enforcement personnel to give commendations and awards.

    Chapter III procedures

13th comprehensive law enforcement agency shall establish a sound system of 12318 cultural market report, to report to the public, timely and effective receiving, handling according to law reports, concerning reporting of active officers may give certain rewards.

    For routine inspection or periodic inspection found violations of citizens, legal persons and other organizations to report violations, superior, subordinate reported to the treatment or the relevant Department to which a case, should be processed in a timely manner. Article 14th major cases occurred within 12 hours, the local law enforcement agency shall report the case to the superior.

    Superior law enforcement agencies or delegate agencies should be supervising the investigation of major cases. 15th cultural market administrative law cases from the County in which the violation occurred over the relevant administrative department or law enforcement agency jurisdiction. Otherwise provided for by laws, rules and regulations, from its provisions.

Dispute arises over jurisdiction and submit them to the common administrative organ at a higher level designation of jurisdiction.

    Found admissible, the case does not fall under its jurisdiction, it shall promptly remit the case to the jurisdiction of the relevant administrative departments, law enforcement agencies; an unlawful act constitutes a crime, shall be transferred to judicial organs according to law.

    16th when law enforcement personnel performing official business according to law, should be standardized dress, wear a sign of law enforcement.

    17th administrative law enforcement activities of the law enforcement agencies should be strictly in accordance with the procedures laid down in laws and regulations and these rules, and shall be made a law enforcement instrument.

    Article 18th for the citizens, legal person or other organization acts contrary to cultural market management laws and regulations, should be given administrative punishments according to law, shall ascertain the facts; the illegal facts are not clear and not subject to administrative penalties.

Article 19th before the administrative penalty, it shall inform the party making the facts, reasons and basis for administrative penalty decision and inform the Parties shall have the right to.

    Law enforcement officials should fully hear the statements of the parties and to defend themselves, and make a written record, review of facts, reasons and evidence submitted by the parties, by the review of the establishment should be adopted.

Article 20th illegal facts are clear and there is a statutory basis, below 50 for citizens, legal persons or other organizations impose administrative penalties penalty of 1000 Yuan or given a warning, made the decision on the spot; law enforcement officials should fill out the order form, make up a number of written decision of administrative penalty, after being signed or sealed, delivered a party on the spot.

    Law enforcement officials should make a decision on the spot within 3rd day of report to the respective law enforcement bodies and the record.

Article 21st except according to law the administrative punishment on the spot, found that citizens, legal persons or other organizations should be given administrative punishments according to law shall be registered, objective and fair investigations, collect evidence and, if necessary, can be checked in accordance with the relevant provisions of the laws, regulations. Evidence, including documentary evidence, material evidence and witness testimony, audio, parties ' statements, conclusions, the transcripts and field notes or other relevant evidence.

    Evidence must be verified, as the basis for ascertaining the facts. 22nd at the time of investigation or the inspection of law enforcement, law enforcement officials shall be not less than 2, and shall produce to the party or person concerned law enforcement credentials. Parties and persons concerned shall truthfully answer inquiries, and assist in the investigation or inspection. Law enforcement officials should make a survey or inspection records, by the parties or other relevant persons after the check, signed or sealed by the party or person concerned.

Rejected by the party or person concerned, consists of 2 or more law enforcement officers indicate on the transcript and sign your name.

    Law enforcement officers and parties directly interested, should be avoided.

23rd in the investigation or the inspection of law enforcement, found that illegal behavior is taking place, the urgency of the situation cannot be filed, law enforcement officers can take the following measures:

(A) to stop or correct violations;

(B) according to the related laws and regulations, and to seal up or seize the related articles, tools;

    (C) collecting, extracting the relevant evidence.

24th when law enforcement officers to collect evidence, can take a sampling of evidence approach; in the case of evidence may be destroyed or lost or difficult to obtain later, after they have been approved by law, can take measures such as advance registration saves.

Sampling of evidence or the evidence registered for keeping, should the Parties present is out or refuse to be present, other persons may request the presence of witnesses and indicate. Sampling of evidence or register to save lists of items should be listed, and separately made sampling of evidence documents or list of the evidence registered for keeping, indicating the item name, quantity, unit price and other matters, law enforcement officers, the parties sign or affix their seals, deliver client.

Party refuses to sign or seal, or received, by 2 or more law enforcement officers in the documents or indicated on the manifest and signature.

    Register items, in situ conservation might be destroyed or that is detrimental to public safety, may be offsite.

25th for advanced registration and preservation of evidence, and shall, within the 7th makes the following decision:

(A) the need for technical inspection or verification, sent to the inspection or verification;

(B) the law does not require the confiscation of goods, returned to the party;

(C) shall be handed over to relevant departments according to law, relevant departments of the surrender.

    Otherwise provided for by laws and regulations, from its provisions.

    Article 26th case closure for complicated or significant reorganization, rescission of a license or a larger amount before the fines and other administrative penalties, should be subject to collective discussion, before we make a decision. 27th is proposed to be ordered to suspend business for rectification or revoke the license, the larger the amount of fines and other administrative penalties decided, shall inform the party concerned has the right to hearings.

    Request a hearing of the parties, shall organize the hearing.

28th hearing shall be in accordance with the following procedures:

(A) the hearing officer announced the beginning of the hearing, announced that the cause of action, the disciplinary hearing, the rights and obligations of the parties, announced the hearing and check lists;

(B) the investigators proposed party against the facts and evidence, the grounds for punishment basis and administrative penalties;

(C) the parties may submit evidence, statements and pleadings, evidence investigators presented evidence;

(D) hearing, investigators from the parties, witnesses and other persons concerned to ask;

(E) the final statements by the parties;
(Vi) the hearing officer announced the end of the hearing.

    29th a record shall be kept of the hearing, review for errors is signed or sealed by the parties.

    Hearing hearing shall be based on the written report of the situation, the main contents of the report are: cause hearing time, location, name or title of the hearing, defence matters and cross-examination, identification evidence and facts.

Article 30th administrative punishment decision letter should be pronounced the spot after party, recorded in the certificate of service by the parties the date of receipt, signed or sealed.

    Without the presence of the parties, shall, from the date of the decision on administrative penalty in accordance with the relevant provisions of the civil procedure law within the 7th, the written decision of administrative penalty served on the parties concerned.

    Article 31st major administrative penalties such as ordered to suspend business for rectification or revoke the license, shall, from the date of the decision on administrative penalty within 15th record submitted to the licensing authority and the superior law enforcement agencies and, if necessary, penalty can be a copy of the relevant departments.

Article 32nd confiscated property, must be dealt with in accordance with the relevant provisions of the State or the public auction.

    Articles shall be destroyed in accordance with law, approved by the heads of law enforcement agencies, by 2 or more law enforcement officials supervised the destruction, and destruction of records.

    Article 33rd enforcement instruments and related materials shall be in accordance with the provisions of the relevant laws, rules and regulations, cataloging, binding, and archives.

    Fourth chapter of law enforcement supervision and accountability

Article 34th superior integrated comprehensive enforcement of law enforcement agencies to subordinate agencies law enforcement supervision acts of law enforcement and law enforcement personnel.

    Law enforcement agencies and the relevant administrative departments of the people's Governments at the same level of law enforcement supervision.

Article 35th of enforcing content includes:

(A) the subject of law enforcement;

(B) enforcement procedures;

(C) the application of the laws, regulations and rules;

(D) the discharge of statutory duties;

(E) the handling of confiscated property;

    (Vi) other content that requires supervision.

Article 36th law enforcement monitoring of:

(A) receive complaints of violation of law-enforcement, complaints and accusations and deal directly with or to instruct the relevant departments;

(B) to examine law enforcement;

(C) access to law enforcement records and other information;

    (D) other ways to take in the terms of reference.

37th in the course of law enforcement has any of the following circumstances, which should be corrected or annul an administrative punishment, damage the lawful rights and interests of the parties, shall give compensation:

(A) law enforcement body is not valid;

(B) enforcement procedures illegal;

(C) the specific administrative act of error applicable laws, rules and regulations;

    (D) the illegal disposal of confiscated or seized property.

Article 38th 37th article lists the following consequences, should be directly responsible shall be affixed and the principal responsible person of responsibility:

(A) the people's Court shall revoke or alter a decision of administrative penalty;

    (B) the review authority revoke or alter the decision on administrative penalty.

39th law enforcement personnel have one of the following circumstances, does not constitute a crime, he shall be given an administrative sanction, and revoke their certificates for law enforcement; serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) abuse of authority, violations of the legitimate rights and interests of citizens, legal persons and other organizations;

(B) the terms using or operating the solicitation or acceptance of other people's property, or support, condone or cover up the cultural market of illegal business activities;

(C) counterfeiting, forgery, concealment and destruction of evidence;

(D) neglect of duty, delaying work;

(V) the disclosure report content and enforcement arrangements;

    (Vi) other acts in violation of laws, rules and regulations.

    40th law enforcement officers while in the withholding law enforcement documents shall not engage in administrative enforcement; law enforcement personnel have been recovered documents, should be removed from law enforcement positions, shall not engage in administrative law enforcement.

    The fifth chapter by-laws

41st of the People's Republic of China administration of cultural market comprehensive law enforcement certificates are legal documents of law enforcement personnel when performing their duties, unified standard by the Ministry of culture, provincial issued by the administrative departments of culture or a combination of supervision and law enforcement agencies.

Administrative law enforcement certificate issued by the people's Governments at all levels, are also legal documents for law enforcement personnel discharging their duties.

    Instruments of law enforcement by the Ministry of culture a uniform format, producer provincial cultural administration or law enforcement agencies.

    42nd article this way, the term "larger fines" refers to more than 10,000 yuan for citizens, legal persons or other organizations to impose a fine of more than 50,000 yuan, otherwise provided by the laws, rules and regulations, from its provisions.

    Article 43rd explain these measures by the Ministry of culture. 44th in these measures come into force February 1, 2012. July 1, 2006 issued by the Ministry of culture cultural market administrative law enforcement regulations repealed simultaneously.