Provisions On The Quality Technical Supervision And Administrative Punishment Cases

Original Language Title: 质量技术监督行政处罚案件审理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347825.shtml

Provisions on the quality technical supervision and administrative punishment cases

    (March 2, 2011 138th State administration of quality supervision, inspection and quarantine announced come into force July 1, 2011) first in order to standardize the quality and technical supervision and administrative punishment cases, according to 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, review of administrative punishment cases before, these provisions shall apply.

    Article quality and technical supervision departments at all levels shall set up a Committee on administrative punishment cases (hereinafter referred to as a trial Committee), responsible for case investigation of collective administrative punishment cases for trial. Fourth trial Committee shall consist of five or more singular members of Chairman, Vice-Chairmen, one of them.

    Chairman by the quality and technology supervision departments or commissioned by the responsible Chief, and vice chaired by the head of quality and technology supervision departments.

    The County (district) level of quality and technology supervision departments may set a trial Committee members such as staffing.

    Members of the Audit Committee should be chaired by the administrative law enforcement personnel. Fifth trial Committee to hear cases of the Conference system.

    A trial session presided over by the Chairman or his or her delegate's Vice-Chairmen. Sixth on the proposed order to suspend, rescission of a license, the larger the amount of penalty decisions, or if the case is complex and far-reaching administrative punishment cases should be heard by a two-thirds member of the above group.

    For other administrative punishment cases can be heard by at least three members of the collective.

    Large amount of fine standards determined by the provincial quality and technical supervision departments in accordance with the local conditions. Article seventh trial Committee shall be set up under the Office (or full-time staff, the same below).

    A trial Committee Office (hereinafter undertaking) shall check the separation principle.

    OIA's main responsibilities include:

    (A) the administrative punishment cases at first instance;

    (B) convening a trial meeting, organizing trial record;

    (C) in accordance with the Committee's opinion, organizing case contractors to make appropriate enforcement instrument, and perform the relevant approval procedures;

    (D) the administrative penalty case review and hearings;

    (E) the Organization's review of cases of lower-level quality and technology supervision departments for approval;

    (Vi) take a trial Committee of other daily work.

    Eighth case of contractors should be after the end of the investigation, investigation final report, as well as all the materials submitted to the OIA for the trial of the case.

    Investigation final report shall contain the following particulars:

    (A) the cause of action and the basic situation of the parties;

    (B) investigate and take enforcement measures;

    (C) investigation found illegal facts and evidence;

    (D) the plea raised in the course of the investigation the facts and reasons;

    (E) the nature of violations and the qualitative basis;

    (F) the proposed disposal and its basis;

    (VII) a lighter or mitigated punishment or be punished and others need to explain matters. Nineth OIA shall, within five working days of receipt of case materials, complete the initial evaluation of the case.

    The trial includes:

    (A) whether it has jurisdiction over the case;

    (B) an accuracy of the subject;

    (C) whether handling procedures comply with the statutory requirements;

    (D) the facts of the case clearly, assessment of sufficient evidence, whether law-enforcement instruments norms;

    (V) the accuracy of the applicable legal basis;

    (F) the recommendations are legitimate, appropriate;

    (G) the penalty discretion are reasonable and fair;

    (VIII) offences are suspected of a crime, and needs to be transferred to the judicial authorities.

    Article tenth OIA on the case after the first instance, it shall submit a preliminary review opinions, shall be reported in accordance with the provisions of the present article sixth trial Committee collective trials.

    OIA at first instance the case revealed the need for a supplementary investigation or case materials need to be corrected, should be submitted to the case of contractors supplement or correction suggestions.

    11th trial session in accordance with the following procedures:

    (A) announced that the meeting of chairpersons of the Conference participants for compliance, indicating the number of cases before the meetings and proceedings;

    (B) the contractor staff and to be dealt with on the merits of the case;

    (C) the OIA introduction trial of the case;

    (D) participation in the Conference Committee's jurisdiction over the case, illegal facts and evidence, handling procedure, the legal basis, the parties argue the facts and reasons for consideration and comments;

    (E) the Member participating in the Conference to consider the legality and reasonableness of the opinion to be addressed, and concluding comments;

    (F) the host of the meeting announced the end of the trial.

    Employees can attend the trial of the case conference.

    12th trial Committee should be a full hearing on the case and made the following comments:

    (A) the illegal facts are clear, the evidence shall be given administrative punishment;

    (B) the facts of the offence cannot be established, illegal acts have limitations or illegal subject of no administrative penalty according to law, no administrative penalty;

    (C) violations of minor and correct, causes no harmful consequences, no administrative penalty;

    (D) for illegal activities needs further processing by other departments and administrative recommendations to the departments concerned;

    (E) violations of law do not belong to or the jurisdiction of the Department of criminal law, transferred the jurisdiction of the Department or judicial authorities;

    (Vi) for violations of required materials need to be supplemented by supplementary investigations or cases, supplementary investigation or corrections and other comments. Case if needed, seek expert advice from relevant departments.

    Expert opinions shall be recorded. 13th Review Conference should be formed to hear the case record, confirmed by the trial Committee Member participating in the Conference signed into administrative punishment cases.

    Conditions can also capture video, audio, audio-visual material, secondary materials records stored in files as text.

    14th of quality and technical supervision departments should be put on trial after the meeting, according to disposal making the question a trial Committee and sent to the administrative penalties informed, no administrative punishments, administrative advice, transfer the case to the appropriate law enforcement instruments.

    Not to transfer administrative punishments, administrative advice, case decisions, quality and technical supervision departments should be submitted to the Chief for approval.

    15th parties inform content were made on administrative penalty statements, representations, or does not request a hearing within the statutory time limit, quality and technology supervision departments should promptly make a written decision of administrative penalty and submitted to the approval of the Chairman of the Audit Committee and served on the Executive.

    16th plead new facts and reasons put forward by the parties, OIA should organize reviews and reports to the Audit Committee a new trial.

    After hearing of cases, the undertaking shall be submitted to the trial Committee reopened the case.

    17th a trial Committee on the provisions article 16th after the case reopened, maintaining the original comments, quality and technology supervision departments should promptly make a written decision of administrative penalty, service and execution according to law.

    A trial Committee to change the original finds illegal facts basis, evidence, penalties or punishment type and range shall resume notification procedure of administrative punishment.

    Review review of administrative decision shall be submitted to the quality and technology supervision departments primarily responsible for approval. 18th administrative penalty decisions once made, shall not be allowed to change.

    There is statutory subject matter needs to change the decision on administrative penalty shall be subject to a trial Committee reopen decision, and report to the quality and technology supervision departments primarily responsible for approval.

    19th undertaking to supervise cases contractors for timely filing the case archive, as well as to the quality and technical supervision and administrative punishment procedure provisions 55th article of the case report, for the record.

    20th at a higher level of quality and technical supervision Department of quality and technical supervision Department lower case, delay or are required by law to report to the decision of the case, should be reviewed by the OIA organizations, and reports to the Audit Committee Chairman of the approval decision.

    21st article of the rules by the State General Administration of quality supervision, inspection and quarantine is responsible for the interpretation. 22nd article of the regulations come into force on July 1, 2011. Former State Bureau of technical supervision released on September 18, 1996, the technical supervision and administrative cases rules repealed simultaneously.