Quality And Technical Supervision And Administrative Punishment Procedure

Original Language Title: 质量技术监督行政处罚程序规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347839.shtml

Quality and technical supervision and administrative punishment procedure

    (March 2, 2011 the State General Administration of quality supervision, inspection and quarantine, the 137th published come into force July 1, 2011) Chapter I General provisions article in order to standardize the quality and technical supervision and administrative punishment procedures to ensure administration of quality and technology supervision departments to effectively implement, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China administrative penalty provisions of the Act and other laws and regulations, this provision is enacted. Article quality and technical supervision departments at all levels in handling administrative punishment cases, these provisions shall apply.

    Otherwise provided by laws and regulations, in accordance with its provisions.

    Article for handing administrative penalty cases shall be clear facts, evidence, procedure, laws, rules and regulations applicable and accurate, punishment is reasonable and fair law enforcement instruments use the correct, standard.

    Fourth quality and technical supervision departments should strengthen collaboration between departments within the system case. In handling administrative punishment cases, need to assist other departments may submit assistance requests; to investigation requests, shall assist and cooperate with us.

    Found illegal activities needs further processing by other departments, should be informed in a timely manner.

    Fifth level quality and technology supervision departments should strengthen the case of contractors and of a lower quality and technology supervision departments in handling administrative punishment cases supervision and inspection.

    Superior quality and technology supervision departments at lower levels of quality and technical supervision Department of the major administrative punishment cases, supervision can be made. Sixth quality and technology supervision departments handle the avoidance system in the administrative punishment cases.

    Cases contractor personnel, staff and hearing officer and has a direct interest in the case, should be avoided. Party or require staff apply for withdrawal of the preceding paragraph, shall make a prior decision of administrative penalty, by the quality and technology supervision departments mainly responsible for the decision whether to avoid.

    Quality and technology supervision departments in charge to avoid the upper-level of quality and technology supervision departments.

    Chapter II jurisdiction

    Seventh administrative punishment cases by violations of quality and technology supervision departments above the county level. The quality and technical supervision Department that has jurisdiction in the activities of the administrative investigation and evidence collection, quality and technical supervision departments should inform the relevant. Step by step, if necessary report to the common level of quality and technical supervision departments to coordinate work on.

    Quality and technology supervision departments shall provide assistance and cooperation.

    Article eighth dispute arises over jurisdiction between the quality and technology supervision departments, on the approval of the common level of quality and technical supervision departments to exercise jurisdiction.

    Have jurisdiction over the quality and technical supervision Department for special reasons cannot exercise jurisdiction or jurisdiction of superior quality and technology supervision departments need to specify, you can specify the jurisdiction.

    Nineth superior quality and technology supervision departments, where necessary, direct handling administrative punishment cases of a lower quality and technology supervision departments.

    Cases of major, complex administrative punishments, the lower the quality and technology supervision departments can report to the superior quality and technology supervision departments.

    Tenth of quality and technical supervision Department discovered cases do not belong to the jurisdiction of, and shall transfer the case has jurisdiction over the quality and technical supervision Department.

    The quality and technical supervision Department of the transfer of objection to jurisdiction, shall be submitted to the common levels of quality and technical supervision departments specify the jurisdiction shall not be transferred individually.

    11th quality technology supervision Department discovered cases belonging to the jurisdiction of other administrative departments, it shall be transferred to other departments.

    Quality and technology supervision departments found that an unlawful act of a crime, shall, in accordance with the relevant provisions to transfer the case to the judiciary.

    Chapter III of the General procedure of administrative penalty

    12th quality technology supervision departments according to the supervision authority or through reports, complaints and other Department transfer, superiors assigned by the Department found violations, including clue, shall from the date of discovery in the 15th organization verification, and decide whether the case.

    Inspection, testing, verification, identification, time, excluding prescribed in the preceding paragraph.

    Filing the case shall be submitted to the approval of the head of quality and technology supervision departments and in accordance with the procedure, until its completion.

    13th quality and technology supervision departments at the time of investigation, case contractor shall be not less than two, shall produce to the party or person concerned administrative law enforcement, and for the record.

    Article 14th case personnel cases should be to carry out a full investigation, gather evidence of facts.

    Documentary evidence, material evidence and audio-visual material, the testimony of a witness, the party statement, field reports and the results of examination, inspection, verification or identification, after they have been verified as evidence of the facts. 15th by case officers to carry out on-site inspection, you can invite legal inspection, testing, verification, an accreditation body or associated personnel participated. On-site inspection shall be notified to the party scene.

    The party refused to be present, without prejudice to the checks carried out, contained in the record shall be in contractor personnel. Site inspection record shall be recorded accurately spot checks, signed by the parties and signed or sealed.

    If necessary, you can take photograph, video record. 16th case employees to parties or inquiries about references should be individualized.

    Questioning should be collected before, check the identity of the person questioned and informed of their rights and obligations. Interview survey record shall be kept and interrogated sign-out page-by-page in the record signed or sealed.

    Record is subject to errors, omissions, and should be allowed to correct or supplement, correct or supplement shall be interrogated to signature, seal or put printing, such as confirmation. Article 17th case contractor shall collect original documents as evidence in connection with the case.

    Have difficulty collecting original documents, copies, copies or transcriptions can be extracted, and is provided by evidence of people labeled "after checking with the original and correct".

    Collection, extraction of evidence evidence shall indicate the date, provenance, and is provided by contractor personnel, evidence in a case's signature or seal. Article 18th employees during the course of investigation of the case, may require the party or the relevant references provide evidence relating to the case.

    Audio, video and photography can be taken as needed to collect evidence. Article 19th suspected counterfeit products found in the investigation of the case, to allow identification of counterfeit business.

    Check it by the quality and technology supervision departments, enterprises can be proof of identification of material as evidence of the facts.

    Certified materials of enterprises responsible for their content and shall bear the corresponding legal responsibility.

    20th of quality and technical supervision departments to collect evidence, can take a sampling of evidence approach. Sample product examination, inspection, verification or identification are needed shall entrust agencies with statutory qualification. Examination, inspection, verification or identification shall inform the party.

    Provisions of laws, regulations, rules on the review of, and rights of the Parties shall be informed at the same time review.

    21st after that evidence may be destroyed or lost or difficult to obtain case, quality and technology supervision departments and evidence relating to the alleged violations to take advance registration and conservation measures.

    Or remove the Advanced registration and preservation measures should be approved by the head of quality and technology supervision departments. 22nd for advanced registration and preservation of evidence, following a decision at the 7th.

    Fails to make a decision, and antecedent register measures lifted.

    (A) according to records in a timely manner, copy, photos, video and other evidence preservation measures;

    (B) according to the relevant laws and regulations, seizure, seizure, sequestration and other administrative coercive measures;

    (C) the illegal facts are not established or illegal but the law should not be subject to seizure, detention, storage, advanced registration and preservation measures lifted.

    23rd of quality and technical supervision departments in handling administrative punishment cases, can be based on laws, rules and regulations as stipulated in attachment, arrest, sequestration and other administrative enforcement measures.

    According to the investigation, does not need to continue to take compulsory administrative measures, should be relieved of administrative coercive measures.

    Or terminate the compulsory administrative measure shall be approved by the head of quality and technology supervision departments.

    24th in the process of investigation and evidence gathering, appeared the parties refused to accept the investigation, party or person concerned refused to sign or seal the appropriate enforcement instrument, cases of contractor personnel shall be stated in law enforcement instruments or other relevant materials, and audio-visual material such as audio and video to prove it.

    When necessary, employees can invite a third party as a witness of the case.

    25th for alleged illegal natural death or termination of legal persons, other organizations, and no successor rights and obligations and other reasons, the investigation could not proceed, cases of contractors can report to the quality and technology supervision departments mainly responsible for the approval, decided to terminate the investigation and case closed.

    26th article of quality and technical supervision departments at all levels shall set up a Committee on administrative punishment cases and cases of collective systems.

    Administrative penalty trials, quality and technical supervision and administrative punishment case in accordance with the provisions of the relevant regulations.

    27th proposed administrative penalties on the parties, and shall inform the party illegal facts and punishment based on types and ranges and reason, penalties, and shall inform the parties legally entitled to representation, to defend themselves, hearing rights.

    Quality and technology supervision departments should fully hear the statements of the parties and to defend themselves, not because the parties ' representations and aggravating. 28th quality technology supervision Department of the party the facts, reasons and evidence, should be reviewed.
Case review of quality and technical supervision and administrative punishment case in accordance with the provisions of the relevant regulations.

    29th article quality technology supervision sector on party law give administrative punishment of, should making administrative punishment decided book, contains Ming party name or name and the address, and illegal facts and the evidence, and punishment according to and the reason, and punishment type and the range, and punishment perform way and the term, and relief way and the term, and made punishment decided of administrative organ name and the date, content, and stamped made administrative punishment decided of administrative organ of seal.

    Written decision of administrative penalty shall be effective as of the date of making the 7th seventh chapter in accordance with the relevant provisions of the personal service.

    30th of quality and technical supervision departments to implement administrative punishments according to law shall be ordered to correct or rectify violations committed by the parties. Period of rectification in accordance with laws, regulations, rules or regulations of the technical specifications.

    Laws, rules, regulations or specifications not provided, correct term not later than 30th; it is necessary more than 30th should be based on the actual conditions of the case, and to report to the head of quality and technology supervision departments for approval. 31st due to jurisdiction or are required by law to report cases of superior quality and technology supervision departments, the lower the quality and technology supervision departments should timely report.

    Superior quality and technology supervision departments shall, from the date of receipt of the submitted materials in the 15th to make a decision. 32nd of quality and technical supervision departments in handling administrative punishment cases, it shall make a decision within 3 months from the day of filing. Because of complexity of the case fails to make a decision, approved by the quality and technology supervision departments in charge, you can extend the 30th.

    Case is particularly complex, adjourned still cannot make a decision, shall be submitted to the approval of the level of quality and technical supervision Department, extend term of handling.

    Hearings in the case handling process, announcements, testing, inspection, verification or identification as well as administrative reconsideration or administrative action required time period not included in the provisions of the preceding paragraph.

    The fourth chapter of administrative punishment hearing procedure 33rd of quality and technical supervision Department proposed to be one of the following administrative punishment decision, it shall inform the parties have the right to request hearings.

    Told that starting the next day, the parties have the right to hearing an application made in the 3rd:

    (A) in order to suspend;

    (B) revoke a license issued by the quality and technology supervision departments;

    (C) impose larger fines. The preceding paragraph (c) provides the standard for large amount of fine, in accordance with local regulations and local rules, regulations of the relevant normative documents.

    Local laws, government regulations and other relevant normative documents does not so stipulate, large amount of fine standard for more than 30,000 yuan (including 30,000 yuan).

    34th of quality and technical supervision departments to establish tribunals set up under the Office of administrative punishment cases (hereinafter undertaking), responsible for the specific organization of the hearing.

    35th party to request a hearing and hearing shall be presented in written form application; applications presented orally by the parties which OIA litigants should be basic, hearing requests and the facts and reasons on record and signed by the party or signed.

    Fails to apply for hearing the parties, waived a hearing rights.

    36th of quality and technical supervision departments shall, upon receiving the 15th days after the hearing of the application by the parties, hearings are organized by the following requirements: (A) identify hearing and records clerk.

    Hearing by the quality and technology supervision departments mainly responsible for the designation of non-employees in the present case as, hearing reporters by undertaking relevant officers. (B) determine the participants in the hearing. Participants in the hearing included contractors, as well as the parties of the case.

    Parties may appoint 1 or 2 agents to participate in the hearing, Attorney to the hearing, shall submit a written power of attorney. (C) determine the main contents of the hearing.

    Undertaking to submit to the hearing party, illegal facts, evidence, the proposed punishment as well as hearing applications and other related materials. (D) determine the time and place of the hearing.

    OIA shall hold a hearing before the 7th, will notify Parties of the time and place of the hearing.

    37th the parties before the hearing, withdraw applications for hearings, should be authorized and recorded.

    Parties without justification does not appear at the hearing, hearing of the deemed withdrawal of application. Article 38th cases involving State secrets, business secrets or personal privacy, the hearing shall be held in public.

    Hearing in accordance with the following procedures:

    (A) the moderator announced that the hearing disciplines;

    (B) reconciliation of participants in the hearing the name, age, status, and informed participants in the hearing right, obligation;

    (C) contractor personnel concerned illegal facts and evidence of the case and punishment;

    (D) the defence and cross-examined by the parties;

    (E) the host announced the end of the hearing.

    39th hearing responsible for hearing order to protect participants in the hearing stated according to the law, the rights of defence and enjoyment of the right to ask participants in the hearing.

    Without good reasons to give up party or its authorized representative to plead and cross-examination right out of the hearing, the presiding hearer may announce termination of the hearing.

    40th after the end of the hearing, hearing transcripts should be hearing as well as participants in the hearing review is correct signature or seal.

    OIA should be hearing transcripts and materials related to the case be submitted to the Tribunal for a new hearing of the case of administrative penalty.

    41st quality technology supervision departments failing to inform the parties of the hearing right or not hearing according to law, made the decision on administrative penalty is not valid.

    The fifth chapter summary procedure in administrative punishment

    42nd article for illegal facts are clear and evidence below 50 for citizens according to law, legal persons or other organizations impose administrative penalties penalty of 1000 Yuan or given a warning, would be able to make a decision of administrative penalty.

    Article 43rd case of contractor personnel in the implementation of punishment on the spot, shall collect the necessary evidence, documentary evidence, statements, transcripts and other evidence by the parties, and with a unified decision on the spot. Written decision on the spot penalties stipulated in the preceding paragraph shall specify the party's illegal facts basis, administrative penalty, the amount of the fine, time, place, and name of the executive authorities, and hosted by the case officer and after the parties sign or seal, the spot party.

    The party refuses to sign or seal, the employees should indicate the circumstances of the case.

    44th case of contractor personnel on the spot penalties to collect fines on the spot, shall, in accordance with the People's Republic of China implementation of the relevant provisions of the law on administrative punishments.

    Article 45th case contractor punishment on the spot through summary proceedings, shall comply with the provisions of article 13th, 27th, 56th of the rules.

    The sixth chapter the implementation of administrative punishments and the outcome Article 46th written decision of administrative penalty, once served, shall come into legal effect.

    Administrative reconsideration or administrative proceedings, administrative punishment decision not be suspended, unless otherwise provided by law.

    47th party not complying with the provisions of the decision on administrative penalty to pay a fine, quality and technology supervision departments can 3% Add a fine in amount of the daily penalty.

    48th party fails to fulfil the administrative punishment decision, quality and technology supervision departments can apply to a court for mandatory enforcement according to law.

    Apply to a people's Court for compulsory execution deadline for parties within 180 days from the date of expiry of the statutory time limit. 49th if they face genuine financial difficulty, delay or in installments to pay the fine, it shall submit a written application.

    Approved by the quality and technology supervision departments in charge may be postponed or made in installments.

    50th on the disposal of confiscated goods, confiscated goods in accordance with the quality and technical supervision administration and disposal of the relevant provisions of the measures implemented.

    51st release register or administrative coercive measures is necessary to return the items involved, should be returned in a timely manner. All of whose whereabouts are unknown or cannot be determined by the parties in connection with the goods, and shall inform the receiving take notice.

    Expiry of the notice is still unclaimed, and approved by the quality and technology supervision departments in charge, in connection with the goods paid or the proceeds from the auction will be turned over to the State Treasury.

    52nd under any of the following circumstances, and approved by the quality and technology supervision departments in charge, may suspend the implementation of the decision on administrative penalty:

    (A) during the proceedings of administrative reconsideration or administrative, are required by law to suspend;

    (B) apply to a people's Court for compulsory execution, court suspension of execution;

    (C) the need to suspend execution.

    53rd deaths due to natural persons or legal persons, other organizations terminated, and no successor rights and obligations and other reasons, to continue the execution of decision of administrative penalty, approved by the quality and technology supervision departments mainly responsible, terminates execution of the decision on administrative penalty.

    54th under any of the following circumstances, upon approval by the quality and technology supervision departments be closed:

    (A) completed the implementation of the decision of administrative penalty;

    (B) by the people's Court after the judgment or order, is completed;

    (C) no administrative penalty;

    (D) to transfer the case to the jurisdiction or the judiciary;

    (E) decide to terminate the investigation;

    (F) decide to terminate the executive decision of administrative penalty.

    55th of quality and technical supervision Department for the following cases should be in the 15th after closing up one level of quality and technical supervision departments report, for the record:

    (A) the superior quality and technology supervision departments overseeing the case;

    (B) designation of jurisdiction cases;

    (C) in the cases that have major impact within their respective administrative areas;

    (D) transferred the case to the judiciary;

    (E) by the people's Government of administrative reconsideration or administrative proceedings the outcome of cases.

    Quality and technology supervision departments mandated by the people's Governments at the corresponding level of cases or cases that have major impact within their respective administrative areas, shall promptly report to the people's Governments at the corresponding level.

    Materials formed in the 56th case handling process shall, in accordance with relevant provisions of archive management file archive.
During the seventh chapter and served

    57th period includes the period prescribed by law and specified by the quality and technical supervision Department.

    Period calculated by the hour, day, month, year, time and date are not counted during.

    Period expires on the last day of a holiday, and holidays during the first day after the expiration date.

    Do not include traveling time during law enforcement instruments mailed before the expiration and is not expired.

    Article 58th enforcement instruments certificate of service should be used, uploaded by the addressee in the certificate of service date of receipt, signed or sealed.

    Addressee in the receipt date on the certificate of service for service. 59th served law enforcement instrument, it should be sent directly to the recipient of the service. The addressee is a citizen, while absence of adult members of their families living with a signed receipt; recipient of the service is a legal person or other organization, and shall be the legal representative of the legal persons, other organizations in charge of the agent of legal persons, organizations, or person responsible for receiving documents to sign.

    Receipt date is the date of service.

    60th the addressee refuses to accept a law enforcement instrument, the person can invite grass-roots organizations and other third parties concerned attesting officer arrived at the scene, explained the situation, rejection at the certificate of service specified subject matter and date signed or sealed by the service, witnesses, leave the enforcement document at the addressee's residence, the service shall be considered.

    Lien served on the served records audio, video or any other means should be used.

    61st straight to difficulties of enforcement instruments may be entrusted with grass-roots service quality and technology supervision departments or the grass-roots, can also be served by post.

    Is served by post, by sending a receipt date of receipt as the date of service of the specified. 62nd taking the article 59th, 60th, 61st, cannot be served in the manner provided by section, service by public announcement. Service by publication, notices in the domicile of the person the original, or according to the actual situation through news media such as newspapers, television or the Internet announcement.

    Spontaneous announcement date, after 60 days, the service shall be considered.

    Service by publication, and shall set forth the reasons for service by publication in the files and after.

    The eighth chapter by-laws article 63rd laws and regulations authorized by the quality and technical supervision and law enforcement institutions in handling administrative punishment cases, in accordance with this regulation.

    64th of these provisions by the State General Administration of quality supervision, inspection and quarantine is responsible for the interpretation. 65th of these provisions come into force on July 1, 2011. Former State technical supervision Bureau, released on July 16, 1990, the provisions of the technical supervision and administrative procedures, released on December 8, 1995, the technical supervision and administrative punishment regulation, released on September 18, 1996, the technical supervision and administrative case hearing of rule repealed at the same time.