Agricultural Administrative Penalty Procedures

Original Language Title: 农业行政处罚程序规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(Announced on April 25, 2006, the Ministry of agriculture, the 63rd since as of July 1, 2006) Chapter I General provisions article agricultural administrative punishment, protection and supervision departments of agriculture administration effective implementation of administrative management, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law (hereinafter referred to as the administrative punishment law) and the provisions of relevant laws and regulations, combined with the agricultural system, these provisions are formulated.     Second administrative penalty shall comply with administrative punishment law and other relevant laws, decrees, regulations and the rules.     The provisions of article III of the said departments of agriculture administration refers to planting, animal husbandry (grasslands), veterinary, fisheries, agriculture, township enterprises, the feed industry and agricultural mechanization and other administrative authorities.     Agricultural administrative penalty authority in these rules refers to the power of administrative penalty according to the law of the people's Governments above the county level of agriculture Administration Department and authorized by the laws and regulations of agricultural regulatory agency.     The fourth law of agricultural management and regulations grant the statutory imposition of administrative penalty within the scope of authority and assume legal responsibility for the consequences of the Act.     Established by law by the Administrative Department of agriculture administrative law-enforcement agencies specific agricultural administrative punishments.     Without the establishment of administrative law-enforcement agencies, departments of agriculture administration according to the provisions of the laws, regulations or rules, can be commissioned in accordance with the administrative punishment law, agricultural authorities impose administrative penalties stipulated in article 19th. Article fifth agricultural administrative law enforcement agencies and the agricultural management should delegate to impose administrative penalties on behalf of agricultural administrative departments.     Agricultural Administrative Department of agricultural management institutions entrusted with the implementation of administrative punishments should be monitored, and the legal responsibility for the consequences of the Act.     Sixth agricultural administrative penalty organs at higher levels should strengthen supervision and inspection of lower agricultural authorities impose administrative penalties administrative penalty.     Chapter II jurisdiction article seventh agricultural of agricultural administrative punishments administrative punishments by administrative punishment of violations of agriculture jurisdiction.     Eighth County level agricultural administrative penalty within the jurisdiction of the administrative cases of administrative violations.     City divided into districts, autonomous prefectures of agricultural administrative penalty organs and provincial agricultural administrative penalty within the jurisdiction of the administrative over grave and complicated administrative cases.     The Ministry of agriculture and the agricultural management agencies authorized by the laws and regulations governing the country or jurisdiction over grave and complicated administrative cases in the region.     Nineth fisheries jurisdiction of administrative penalty within their respective jurisdictions and superiors designated jurisdiction over fisheries law.     Administrative penalties for fisheries has one of the following conditions apply, "who found who" principle: (a) violations in condominium area, stacked area, (ii) violations in the jurisdiction is unclear or disputed regions; (c) the detected violations and inconsistencies.     Tenth on the parties the same offence two or more agricultural administrative penalty organs have jurisdiction, jurisdiction should be the first chartered agricultural administrative penalties.     11th superior agricultural administrative penalty authority in may, when necessary, lower agricultural administrative penalty authority under the jurisdiction of the administrative punishment cases.     Lower agricultural administrative penalty authority that administrative punishment cases of major complex or local should not be jurisdictional, can be submitted to the jurisdiction of the agricultural administrative penalty organs at a higher level. 12th agricultural administrative penalty authority to the jurisdictional dispute, should be resolved through consultation.     Through consultation, on the approval of the common level of agricultural administrative penalty authority to exercise jurisdiction.     Article 13th agricultural administrative penalties administrative penalty organs found admissible cases do not fall under its jurisdiction, it shall refer the administrative penalty authority having jurisdiction.     Transferred to the agricultural administrative penalty organs if it deems improper transfer, shall be submitted to the joint agricultural administrative penalty organs at a higher level designation of jurisdiction shall not be transferred individually.     14th superior agricultural administrative penalty authority on receipt of the report to the jurisdiction or after a specified jurisdiction, shall make a written decision in the 10th. The 15th local agricultural administrative penalty organs at and above the county level shall handle the trans case, additional agricultural administrative penalty authority investigation is required, can you send an investigation.     Agricultural administrative penalty organs shall assist and notify the results of an investigation in a timely manner.     Article 16th agricultural administrative penalty organs in handling cases, require other departments to revoke a license, approval number, business license and other administrative punishment decision, shall permit decisions of the investigation results to the sector and put forward recommendations.     17th an unlawful act constitutes a crime, administrative penalty authority shall transfer the case to the judiciary, criminal liability shall be subject to administrative punishment instead of punishment.     Chapter III administrative penalties decided the 18th citizen, legal person or other organization acts contrary to the agricultural administration, should be given administrative punishments according to law, the agricultural administrative penalty authority shall ascertain the facts; the illegal facts are not clear and not subject to administrative penalties. 19th law enforcement investigation when dealing with administrative punishment cases, shall produce to the party or person concerned law enforcement credentials.     Uniform law enforcement clothing or symbol should be dressed or wearing a sign of law enforcement.     Agricultural administrative execution documents developed centrally by the Department of agriculture, agriculture administration departments at or above the provincial level legislative affairs agency responsible for the enforcement of certificates issued and the management.     20th agricultural administrative penalty authority in agricultural administrative punishment before a decision is made, shall inform the party making the facts, reasons and basis for administrative penalty and shall inform the Parties shall enjoy the rights.     Agricultural administrative penalty authority to fully hear the views of the parties, facts, reason and evidence put forward by the parties, should be reviewed; establishment of the facts and reasons or evidence submitted by the parties, the agricultural administrative penalty organs shall adopt.     Agricultural authorities not aggravating because of the parties ' representations of administrative punishment.     21st summary procedure in administrative punishment procedure is divided into agriculture and general procedures.     Section I summary 22nd illegal facts are clear and there is a statutory basis, below 50 for citizens, legal person or other organization fined 1000 Yuan fine or warning of an administrative punishment, agriculture administration penalty decision can be made on the spot.     23rd article spot made administrative punishment decided Shi should comply with following program: (a) to party showed that identity, show law enforcement documents; (ii) spot identified illegal facts, collection and save necessary of evidence; (three) told party illegal facts, and punishment reason and according to, and heard party statement and defence; (four) fill in spot punishment decided book, spot delivered party, and should told party, as refuses to administrative punishment decided, can law application administrative reconsideration or filed administrative litigation.     24th law enforcement should make a decision on the spot date, fishery law enforcement personnel shall from the date of arrival in the 2nd will be the decision belongs to the agricultural administrative punishment record.     Section II General program 25th of agricultural administrative punishment, in addition to summary proceedings, a general procedure should apply.     Article 26th by law can be decided outside of administrative punishment on the spot, preliminary investigations, law enforcement officials, found that citizens, legal persons or other organizations suspected unlawful acts should be given administrative punishments according to law, shall be made out of the filed form of administrative punishment, reported to the heads of the administrative penalty organs approved case.     27th agricultural authorities shall, in the case of administrative penalty for comprehensive, objective, and impartial investigations, collect evidence, if necessary, in accordance with the provisions of laws and regulations, you can inspect it.     Law enforcement officials shall be at least two people to investigate and collect evidence.     Evidence, including documentary evidence, material evidence and audio-visual material, the testimony of a witness, party statements, conclusions, the transcripts and field notes. 28th article of law enforcement officers asked witnesses or the parties (hereinafter referred to as the interrogated), shall be made of the interrogation. Records after they have been interrogated read nuclear, and interrogated by asking people to sign or seal.     Of the person questioned refuses to sign or seal, indicate the situation by asking people on the record.     Article 29th agricultural administrative penalty authority to investigate cases has the right to require the party or the person concerned to assist in the investigation; the right to conduct on-site inspection or inspection; the right to request the parties to provide appropriate evidence; the important documentary evidence, the right to copy.     Law enforcement officials in connection with the case articles or sites when conducting on-site inspection or inspection and inspection, it shall notify the parties, making the inspection (examination) records, party refuses to show up or refuse to sign seal, should be indicated in the record, and the presence of other witnesses.     Article 30th agricultural administrative penalty authority in the investigation, the need to identify specific issues, referred to the Legal Department for appraisal; no legal department, can be submitted to a qualified professional bodies for identification.     31st agricultural administrative penalty authority 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, approved by the heads of agricultural administrative penalty organs may initially register.     Agricultural administrative penalty authority may in accordance with the relevant provisions of laws and regulations, such compulsory measures as sealing up, distraining to items.     Article 32nd agricultural administrative penalty authority to sampling evidence and evidence collection, registration and preservation of such compulsory measures as sealing up, distraining or taken, should the Parties present refused to signed and sealed by the parties and shall indicate in the record of; presence of the parties absent or refuses, law enforcement officers can invite other officers arrived at the scene to witness.     Sampling and evidence collection, registration and preservation of items, seizure shall draw up a sampling of evidence documents, list of the evidence registered for keeping and the attachment (attachment) notice.     Article 33rd agricultural administrative penalty organs sampling inspection, Parties shall be informed of the test results in a timely manner.     Non-sampled directly from the production units, the agricultural administrative penalty authority may send the acknowledgement to the product marking of production units.     Article 34th antecedent register items, saved by the parties, the party or person concerned may not be used, sold, transferred, destroyed or concealed. Preserved may be detrimental to public order, public safety or other inappropriate preserved, may be offsite.     On ex situ conservation of agricultural administrative penalty organs shall take good care of it.     35th article agricultural administrative punishment organ on first registration save of evidence, should in 7th within made following processing decided and told party: (a) need for technology test or identification of, sent about sector test or identification; (ii) on law should to confiscated of items, in accordance with statutory program processing; (three) on law should by about sector processing of, transfer about sector; (four) for prevent damage public interests, need destroyed or harmless of processing of, law for processing;     (V) do not need to register, discharge register.     36th case investigators in the case have interest or other relationship may affect the impartial handling, shall apply for withdrawal, the parties also have the right to apply to the agricultural administrative penalty authority a challenge.     Withdrawal of the investigators of the case, decided by the administrative penalty authority in charge of agriculture agricultural avoidance by the heads of administrative penalty decided collectively.     Before the withdrawal has not been decided, shall not stop the investigation and handling of the case.     37th after the end of their investigations, law enforcement, that the facts of the case clearly, evidence shall be made of the opinion on the case, administrative penalty authority in charge of agriculture for approval.     Case is complex or there are serious violations require heavier administrative punishment should be decided collectively by the administrative penalty authority in charge of agriculture. Article 38th before making the decision on administrative penalty, administrative punishment shall be made of the prior notice of administrative penalty, and served on the party, let the content and facts, grounds, and basis of administrative punishment, and shall inform the parties from the date of receipt of the notification on 3rd, present and defend themselves.     Meet the conditions for hearing and inform the parties may request a hearing.     Party without due cause fails to make representations or to request a hearing and defend themselves, construed as a waiver of such rights.     39th agricultural administrative penalty authority shall, without delay on the party's statements, review or hearing to be heard, said that illegal facts are clear, conclusive, decided to impose administrative penalties, it shall make a written decision of administrative penalty. 40th in remote, water and transportation areas in the usual way when the imposition of penalties, law enforcement officers can be approved by the head of the communication submitted to the punishment case and a review of the findings and opinions.     Submitted for recording must be retained for the record. Parties may statement to law enforcement personnel on the spot and to defend themselves.     Do not submit statements and pleadings, deemed to have waived this right.     This section does not apply to cases of administrative penalty authority in charge of Agriculture decided collectively.     41st of agricultural administrative punishment case from the date of filing, shall make a decision within three months of special circumstances cannot be dealt with within three months, reportedly approved by the agricultural administrative penalty organs at a higher level may be extended to one year.     On specialized matters need to identify, not counting the time required during the service period. Section III hearing procedures article 42nd agricultural authority of administrative penalty shall be ordered to suspend production, revocation of permit or license, the larger amount of fine in administrative penalty decision, it shall inform the parties have the right to request hearings.     To request a hearing by the parties, the agricultural administrative penalty authority shall organize the hearing.     Referred to in the preceding paragraph, a larger amount of fine, local agricultural administrative penalty organs according to the standards of the provincial people's Congress, or the people's Government; the Ministry of agriculture and the laws and regulations authorized by the agricultural administration to the citizens fined more than 3,000 yuan, legal persons or other organizations to a fine of more than 30,000 yuan a large amount of fine. 43rd hearing by the proposed agricultural administrative penalties administrative penalty authority organizations.     Implementation the Legislative Affairs Agency or the appropriate agencies.     44th the parties to request a hearing, shall receive the 3rd days of prior notice of administrative penalty within the hearing organ.     Article 45th 7th of the hearing authority shall hold a hearing before the service of the notice of administrative penalty hearings, inform the parties of the time and place of the hearing and the hearing lists and can be challenged and may entrust an agent and so on. The Parties shall attend the hearing as scheduled.     Parties have a legitimate reason to ask for an extension, and may be extended once, upon hearing organ party fails to attend the hearing and without giving a reason, deemed to have waived the hearing rights.     46th article participants in the hearing by hearing, hearing officer, the court clerk, the investigators of the case, the parties and their agent composition.     The presiding hearer, hearing officers, the Court Clerk shall be designated by the head of the organ of hearing, Office of Legislative Affairs staff or other staff such as the investigation of the case officer.     Party concerned entrusts an agent to participate in the hearing, the power of attorney should be submitted.     47th except those involving State secrets, business secrets or individual privacy, a hearing shall be held in public.     48th in hearings, the parties ' rights and obligations: (a) the right to the facts concerning the case, the applicable law and related matters of presentation and representation; (b) the right to cross-examination of the evidence the investigators of the case and propose new evidence, (iii) to answer the moderator's questions honestly and (iv) abide by occupy the disciplinary hearing, subject to hearing the command. 49th hearing in accordance with the following procedures: (a) hearing the court clerk announced that occupy the disciplinary hearing, the rights and obligations of the parties.     Hearing host announced case, verified hearing participate in people list, announced hearing began; (ii) case survey personnel proposed party of illegal facts, and show evidence, description intends made of agricultural administrative punishment of content and the legal according to; (three) party or its delegate agent on case of facts, and evidence, and applies of legal, for statement, and defence and quality card, can to hearing submitted new of evidence; (four) hearing host on case of about problem to party, and case survey personnel, and witnesses asked; (E) the investigators of the case, the parties or their authorized agent debate; (vi) the parties or their authorized agent to make a final statement, (VII) hearing officer announced the end of the hearing.     Record of hearing the parties and the case after investigators verified as correct signature or seal.     The 50th after the end of the hearing, the hearing officer shall, in accordance with the hearing, made the report on administrative punishment hearing, together with the record of hearing, head of agricultural administrative penalty authority review.     51st organization hearing shall not be charged to a client.     Fourth chapter agricultural administrative punishment decided of served and implementation 52nd article administrative punishment decided book should in declared Hou spot delivered party; party not presence of, should in 7th within served party, and by party in served back card Shang signature or sealed; party is not of, can handed its adult family or where units generation received, and in served back card Shang signature or sealed.     Party or collecting agent refuses to receive, sign, seal, the person can invite the organization or the unit to which the officer arrived at the scene, explained the situation, and of the written decision of administrative penalty in their dwelling or unit, and recorded on the certificate of service refused, delivery dates, service, witness signature or seal, the service shall be considered.     Administrative punishment instruments have difficulty directly to agriculture may entrust other administrative penalty authority service or mailing, service by public announcement.     Service by mail, register receipt as indicated on the date of receipt as the date of Service; service by publication, spontaneously after 60 days from the date of the announcement, the service shall be considered. 53rd provisions subject to this article outside the stipulated in the 54th and 55th, agricultural administrative penalty organs may not collect fines on their own.     Decided to fine agricultural administrative penalty authority or law enforcement officer shall inform the parties in writing to the designated bank to pay the fine.     The 54th in accordance with this article 22nd agriculture to the requirements on the decision on administrative penalty, any of the following circumstances, law enforcement officers can collect fines on the spot: (a) shall be subject to penalty of 20 Yuan, (ii) is not collected on the spot are difficult to implement.     55th in remote, water and transportation areas, agricultural authorities and law enforcement officials, in accordance with this administrative penalty provisions of article 22nd, 39th made penalty decisions, there is difficulty in Parties to the designated bank to pay the fine, put forward by the parties, agriculture administration penalty and its enforcement officers to collect fines on the spot.     56th agricultural administrative penalties and their enforcement officers to collect fines on the spot shall be issued by the provincial financial Department to a client issuing receipts, does not issue a unified financial sector issued receipts, parties have the right to refuse to pay the fine.     57th law enforcement personnel collected on the spot fines shall be from the date of return to administrative penalty organs located within the 2nd turned over to agricultural administrative penalty authority; on the water collected on the spot fines shall be from the date of arrival in 2nd to agricultural administrative penalty authority; agricultural administrative penalty authority shall, within the 2nd penalty to the specified bank.     Article 58th of agriculture after the decision on administrative penalty according to law, a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative suit, unless otherwise prescribed by law, administrative punishment decision not be suspended.     59th on the need to continue to drive machinery, fishing vessels to implement the administrative penalty of temporary suspension or revocation of license, administrative punishments administrative punishments should be imposed at the same time, corresponding proof shall be given to the parties, allows agricultural machinery and fishing vessels sailed to the book or to a specified location.     60th article on entered into force of agricultural administrative punishment decided, party refused to perform of, made agricultural administrative punishment decided of agricultural administrative punishment organ law can take following measures: (a) due not paid fine of, daily by fine amounts of 3% added at fine; (ii) according to legal provides, will seized, and seized of property auction arrived paid fine; (three) application Court forced implementation.     Article 61st of genuine financial hardship, delay or in installments to pay the fine, the Party shall request in writing, approved by the decision of administrative penalty authority, can be suspended or made in installments.     62nd among items shall be destroyed in accordance with law, and illegal property confiscated must be dealt with in accordance with the relevant provisions of the State.     Fines, confiscation of illegal gains or illicit property auction payments must be turned over to the State Treasury, agricultural administrative penalty organs or individual may, on any form of interception, privately divide or disguised privately.     63rd agricultural administrative punishment after the end of the case, the investigators of the case of the final report on administrative punishments should be filled in, upon approval by the heads of agricultural administrative punishment case.     Fifth chapter filing 64th agricultural administrative penalty organs shall case filing in a timely manner in accordance with the following requirements: (a) the case volume; (b) the instrument is complete, complete the procedures, (iii) files should be bound in sequence.     After the 65th case filing, no unit or individual may, without adding or extracting files material shall not modify the file content.     Sixth chapter supplementary articles article 66th agricultural authorities and law enforcement officers in violation of the provisions of the administrative punishment, in accordance with the relevant provisions of the law on administrative punishment and be held accountable by law. 67th agriculture administration penalty basic document format developed centrally by the Ministry of agriculture.     Provincial departments of agriculture administration in accordance with local regulations and rules and operational requirements, adjusting the relevant content or add the appropriate instruments, reported to the Department of agriculture records. 68th these provisions come into effect on July 1, 2006.       On October 25, 1997, the Ministry of Agriculture's agriculture administration penalty procedure abrogated.       Basic instruments of agricultural administrative punishment: two basic instruments of agricultural administrative punishment: agricultural administrative penalty three basic instruments: four basic instruments of agricultural administrative punishment: basic instruments of agricultural administrative penalty of five: six basic instruments of agricultural administrative punishment: the seven basic instruments of agricultural administrative punishment: eight basic instruments of agricultural administrative punishment: basic instruments of agricultural administrative penalties: Basic instruments of agricultural administrative penalty ten: basic instruments of agricultural administrative penalty 11:12 basic instruments of agricultural administrative punishment: basic instruments of agricultural administrative penalties 13-1: basic instruments of agricultural administrative penalties 13-2: basic instruments of agricultural administrative penalty 14: basic instruments of agricultural administrative punishment 15: basic instruments of agricultural administrative punishment 16: basic agricultural administrative punishment instruments  17: basic instruments of agricultural administrative punishment 18: basic instruments of agricultural administrative penalty 19: basic instruments of agricultural administrative sanctions 20:

Related Laws