Violations Of Disciplinary Regulations For Sea Area Use Management

Original Language Title: 海域使用管理违法违纪行为处分规定

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Violations of disciplinary regulations for sea area use management (February 26, 2008 Ministry of supervision, Ministry of personnel, finance and State Oceanic Administration released 14th come into force on April 1, 2008) first in order to strengthen the management of sea area use, regulating the activities of sea area use management, improve the level of management of sea area use, punish the management of sea area use violations, according to the People's Republic of China Sea area use management law, the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil service, the punishment of civil servants of administrative organs regulations

    And other relevant laws, administrative regulations and these provisions are formulated.

    Management of sea area use violation of article, its leaders and persons responsible, as well as the management of sea area use violations of individuals shall bear disciplinary responsibility, belonging to the following persons (hereinafter referred to as relevant persons), by appointment and removal or organs in accordance with administrative privileges shall be subject to punishment:

    (A) civil servants of administrative organs;

    (Ii) laws, regulations, grant rights to the management of public affairs functions of the institution approved in light of the People's Republic of China Law on civil service management staff;

    (C) the Organization of the administrative organs in accordance with the Commission staff except the labor personnel;

    (D) enterprises, institutions of persons appointed by the Executive.

    Laws, administrative regulations and decisions of the State Council and the State Council supervisory organs, disposition of the personnel Department of the State Council regulations on the management of sea area use violation penalties otherwise provided, from its provisions.

    Article one of the following acts, their responsibilities, given demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the refusal to implement the State policy on sea area use management policies and management of sea area use of laws, rules and regulations;

    (B) the formulation or implementation of sea area use management related to national policies and management of sea area use of laws, rules and regulations or measures, incompatible.

    Fourth violation, of any of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) approval of the intervention area;

    (B) interfere with maritime right of tendering, auctions and other events;

    (C) the intervention of sea area use fees or reduction;

    (D) intervention demonstration or evaluation in the area;

    (E) intervention area of supervision or discipline cases;

    (F) other acts of intervention in sea area use management activities.

    Under the fifth one, on the persons given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) violates the legal rights or the legal procedures for approval of the project by sea;

    (B) not in accordance with the marine function zoning approved the use of waters;

    (C) with different types in the same project with the sea the sea or using sea sea dividing the same project, the same type of decentralized approval;

    (D) knowingly illegal sea area use cases were being investigated, issued in connection with the certificate on the right of the sea area in the waters;

    (E) in accordance with the provisions of the jurisdiction, procedure of sea area use, with projects approved relief payments;

    (F) violation of the provisions of maritime right of tendering and auction.

    Sixth, one of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) an ocean of changes and features of sea area determine the zoning;

    (B) violation of maritime space use demonstration quality management regulations, adverse consequences;

    (C) illegal obstruction, violation of right to use maritime space use waters.

    Seventh in the maritime space use demonstration report review work of deception, adverse consequences, responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Article eighth violation of regulations, without charge, less, overcharged or postpone receiving waters using gold, their responsibilities, warning, demerit-recording or demerit; serious, demotion or dismissal.

    Nineth under any of the following acts, their responsibilities, given demerit are serious, demotion or dismissal:

    (A) violation of statutory or approved exemption from Sea Sea Sea area use items of gold for gold;

    (B) issuing certificate of the right to use sea areas, with the exception of legally collected Sea Grant, charge management fees or other expenses.

    Section tenth sea gold or fine, does not use the term bills, responsibilities, demotion or dismissal in serious cases, expelled.

    11th administrative organs shall intercept or misappropriate sea of gold, and confiscated money, persons responsible, demoted in serious cases, dismissed or expelled.

    12th administrative organs of dividing up or disguised dividing up sea gold, confiscations or other expenses, the decision of dividing up responsibilities of staff and disciplined in accordance with the following provisions:

    (A) dividing up or disguised cases of unauthorized partition of less than 50,000 yuan, demerit-recording or demerit;

    (B) dividing up or disguised cases of unauthorized partition of more than 50,000 yuan less than 100,000 yuan, demotion, or dismissal;

    (C) dividing up or disguised dividing up more than 100,000 yuan, and expelled.

    13th under any of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the convenience of taking advantage of his position to misappropriate, steal, swindle or use other means to collect fines, sea gold or other property for themselves;

    (B) in the management of sea area use, using the convenience of duty, extort, or illegally accept someone else's property for the benefit of others.

    Article 14th violation involved or engaged in production and business activities related to the use of sea areas, responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    15th marine administrative law-enforcement agencies and their staff, one of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) received a report acts of unlawful use of waters, according to the provisions, adverse consequences;

    (Ii) unlawful use of waters that have been found are, do not stop or dealt with according to law;

    (C) not to implement the law enforcement duties, law enforcement inspections and administrative inspection is not required, resulting in serious violations could not be found.

    16th marine administrative law-enforcement agencies and their staff, one of the following acts, their responsibilities, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) in violation of the provisions on jurisdiction, beyond the terms of reference for the implementation of maritime administrative punishments;

    (B) maritime administrative punishments for intentional or gross acts of wrongdoing finds illegal use of waters;

    (C) in accordance with the statutory requirements or violation of legal procedures, or not in accordance with the marine species, marine administrative penalties administrative penalty;

    (D) a disguised penalty or by any other name instead of a fine;

    (E) violating the provisions to delegate power of maritime administrative punishment.

    17th sea demonstration of intelligence units and their staff have one of the following acts, adverse consequences, the responsibility of the persons listed in section II of this provision in the staff and give a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) provided they bear the leapfrog or beyond demonstration projects;

    (B) the use in the maritime space use demonstration report fictitious or obvious misrepresentation of the data;

    (C) report a serious misrepresentation of the sea area use;

    (D) there are other fictional facts, to hide the truth.

    18th one of the enterprises, institutions and their staff to any of the following acts, belonging to the provisions listed in the second section in the responsible personnel, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) unauthorized or obtaining approval and illegally occupied waters;

    (B) the expiry of the right to use sea areas without going through the formalities continued to use sea area;

    (C) obtaining waiver for Sea King;

    (Iv) do not pay marine use;

    (E) in using waters during without legal approval, engaged in marine basic surveying and mapping;

    (F) refuse to accept the supervision of the Department of marine administration check or does not provide the information, does not reflect the situation.

    19th, enterprises and institutions and their staff with one of the following acts, belonging to the provisions listed in the second section in the responsible personnel, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal:

    (A) without changing the use of sea areas;

    (B) not required to transfer, lease and mortgage of maritime right of use;

    (C) due to a merger, Division or joint venture, cooperation with others, do not follow the rules changes of right to use maritime space;

    (D) maritime right of termination, the original person not complying with the provisions of the right to use sea areas removed the sea facilities and structures;
(V) refused to pay commissioned by the Department of marine administration unit removed marine facilities and structures the requirements.

    Article 20th disciplined people not satisfied with the decision, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the punishment of civil servants of administrative organs and other relevant provisions of the Ordinance, may apply for a review or appeal.

    Article 21st appointment and removal, monitoring bodies and marine administrative departments to establish case transfer system. Appointment and removal, supervision organs investigated cases of sea area use management law and discipline, as appropriate, the Department of marine administration of administrative penalties, material about the case should be transferred to the Department of marine administration.

    Marine administrative departments should be promptly investigated and dealt with according to law, and notify the appointment and removal of organs, the treatment result monitor. Marine administrative departments in investigating the management of sea area use cases, that should be disciplined by the appointment and removal or organs, it shall transfer the relevant case material or a supervisory authority to appoint and remove.

    Appointment and removal or organs should be promptly investigated and dealt with according to law, and will result in writing informed the Department of marine administration.

    22nd marine utilization management violations, should be given party disciplinary measure, transferred to the party's discipline inspection organs dealt with crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    23rd article this provides that the Ministry of supervision, personnel department, Ministry of finance and the national ocean service is responsible for the interpretation. 24th article of the regulations come into force on April 1, 2008.

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