Civil Aviation Implementation Measures For Administrative Punishment

Original Language Title: 民用航空行政处罚实施办法

Read the untranslated law here: https://www.global-regulation.com/law/china/161375/.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(March 19, 2003 Civil Aviation Administration of China announced 116th) contents chapter I General provisions chapter II the types of administrative punishments, setting and the implementation of the provisions of chapter III administrative penalties and law enforcement personnel, the fourth chapter IV jurisdiction and application of administrative penalties first section of the fifth chapter summary the sixth chapter the General procedure cases investigation section III section II hearing procedure to decide the seventh chapter Executive, and closing And archiving the eighth chapter penalty oversight Nineth chapter by-laws annex annex II to the decision on a civil aviation civil aviation administrative punishment cases the investigative records annex III annex IV refund registration and preservation of evidence notice of the evidence registered for keeping annex to annex five civil aviation administrative punishment cases notes to the listing VI civil aviation investigation report on administrative punishment cases VII annex VIII civil aviation civil aviation administrative punishment hearing notice Political punishment hearing notice annex nine civil aviation administrative punishment hearing record annex ten civil aviation administrative punishment prior told book annex 11 party statement and defence record annex 12 civil aviation administrative punishment decided book annex 13 civil aviation administrative punishment case closed report first chapter General first article to specification civil aviation administrative punishment behavior, guarantees and supervision civil aviation administrative organ effective implementation administration, protection citizens, and corporate and other organization of lawful rights and interests of, according to Chinese people     People's Republic of China Law on administrative punishment and the People's Republic of China civil aviation law, these measures are formulated.     The establishment and implementation of the second civil administrative penalty, shall comply with the People's Republic of China administrative penalties law (hereinafter referred to as the administrative punishment law), administrative regulations and these regulations.     Article III General Administration of civil aviation of China (hereinafter referred to as the Civil Aviation Administration) in accordance with provisions of laws and administrative rules and regulations to implement administrative punishments civil aviation authority in accordance with the laws, administrative regulations and the regulations on administrative penalties within the areas under their jurisdiction.     Authorization or authorized organizations, in accordance with administrative penalties authorized or delegated acts, the types and range of administrative penalty.     Second chapter administrative punishment of type, and set and provides fourth article civil aviation administrative organ implementation of administrative punishment of type including: (a) warning; (ii) fine; (three) confiscated illegal proceeds, and confiscated illegal property; (four) ordered discontinued closed; (five) temporarily buckle or revoked license, and temporarily buckle or revoked license; (six) legal, and administrative regulations provides of other administrative punishment.     Article fifth administrative penalties provided by civil aviation regulations, should be given administrative penalties stipulated in laws and administrative regulations of the Act, specifying the type, amplitude within the.     Laws, administrative regulations on violations of Civil Aviation Administration no provisions or no administrative penalties, civil aviation regulations can set warning and fines article sixth number in these measures.     Files other than laws, administrative regulations and rules, can not set or administrative penalties; set the terms and provisions of administrative punishment shall be invalid.     Article sixth violation of civil aviation regulations for non-business activities set a fine of no more than 1,000 yuan; violations of business activities, has illegally obtained, set a fine of not more than 3 times times the illegal income, but shall not exceed a maximum 30,000 yuan, no illegal income, set a fine of no more than 10,000 yuan.     Article seventh can be made under the authority of the civil aviation authority of the specific conditions of administrative penalty and the specific work procedures, not inconsistent with this approach.     Third chapter administrative punishment of implementation organ and law enforcement personnel eighth article following civil aviation administrative organ in accordance with legal, and administrative regulations, and regulations of provides, to himself of name independent exercise corresponding of administrative punishment right: (a) CAAC; (ii) civil aviation area Authority; civil aviation area authority established of sent institutions, can in accordance with legal, and administrative regulations, and regulations of provides and civil aviation area authority of authorized, to the civil aviation area authority of name exercise corresponding of administrative punishment right.     Nineth herein article eighth of the Civil Aviation Administration of internal functions, can undertake specific penalties, but not to impose administrative penalties on behalf of the internal functions of the Department.     Article tenth unless authorized by law or authorize the outside, any other organization may impose administrative penalties; its acts of punishment in the name of administrative penalty shall be invalid, the parties concerned shall be entitled to reject complaints, report to the Department.     Any individual may impose administrative penalties in their own name.     11th law and administrative regulations authorized by the Organization to implement administrative punishments of civil aviation, authorized by the receiving organization should make to its legal liability for the consequences of the administrative penalty.     12th article civil aviation administrative organ can will administrative punishment delegate to other organization implementation, but should meet following conditions: (a) delegate of civil aviation administrative organ (following referred to delegate organ) law has the items administrative punishment right; (ii) by delegate organization meet this approach 13th article provides of conditions; (three) delegate organ directly implementation administrative punishment in personnel, and equipment, and technology, and space aspects does have difficult; or delegate of administrative punishment matters in time, and space and management object aspects has generalized, and universal and regular. 13th article by delegate organization should meet following conditions: (a) is law established of management civil aviation public affairs of career Organization; (ii) and was delegate of administrative punishment matters no interest relationship; (three) has familiar People's Republic of China Civil Aviation method and corresponding civil aviation administrative regulations, and regulations and other required of legal, and regulations, familiar related civil aviation business, and technology of official staff; (four) on violations need for technology check or technology identification of,     There should be conditions of the technical inspection or identification.     14th civil aviation regulations can be explicitly entrusted with organizing the implementation of administrative punishments. Civil aviation regulations does not explicitly delegated, the civil aviation authorities to delegate was entrusted with organizing the implementation of administrative punishments.     Commission was entrusted with organizing the implementation of administrative punishments shall issue a formal power of attorney.     Power of attorney shall specify the following matters: (I) to delegate authority, and was entrusted with the Organization's name, address, (ii) commissioned the scope and application of administrative penalties penalties conditions, manner, grounds, procedure and deadlines; (c) liability for breach of commitments (iv) other matters set forth.     Delegate to a 15th authorities entrusted with the loss conditions, illegal imposition of administrative penalty or other unsuitable delegate, may terminate a delegate, recovery instructions. 16th entrusted on behalf of the Organization shall be to delegate authorities impose administrative penalties.     The entrusted organization shall, in accordance with the laws and administrative regulations and civil aviation administrative punishments provided for in regulations the conditions, methods and procedures for the implementation of administrative punishments.     Entrusted with the implementation of administrative punishments, shall not exceed delegated authority.     Commissioned by the organization may not delegate matters entrusted to others.     Article 17th principal organ entrusted with the Organization and implementation of supervision the administrative penalty and assume legal responsibility for the consequences of the Act.     Supervision referred to in the preceding paragraph should include whether the administrative penalty imposed by the entrusted organization lawful, reasonable, and are beyond the terms of reference, whether there should be punishment without punishment or should not sanction without penalty, compliance with the prescribed procedures. Article 18th parties be punished refuses to accept the decision on administrative penalty imposed on the entrusted organization can be organ level civil aviation to delegate administrative authority for review.     Laws, administrative regulations, except as otherwise provided in the regulation of civil aviation. Citizens, legal persons or other organizations found that illegal acts should be punished, require reporting, complaints, you can delegate authority, can also be made to the entrusted organization.     Delegate authority, and was entrusted with the Organization to handle cases according to law, should be inadmissible.     Article 19th Civil Aviation Administration and law enforcement personnel entrusted with the Organization of specific administrative punishments shall meet the qualifications of the Ombudsman.     Does not have the qualified staff of the Ombudsman, or professionals, under the guidance of the Ombudsman can assist inspection and investigation. The fourth chapter administrative penalty jurisdiction and apply the 20th civil aviation authority should be in accordance with the law and administrative regulations, regulations of civil aviation regulations impose administrative penalties on offences committed within their respective jurisdictions.     Violations that occur in the air, landed after the violations were first discovered the location of the civil aviation authority.     Civil Aviation Administration on controversial, jurisdiction designated by the CAAC.     21st Civil Aviation may, when necessary to deal with the civil aviation authority of administrative penalty case; civil aviation authority administrative punishment case is considered significant, complex situations need to be decided by the Civil Aviation Administration, can be submitted to the Civil Aviation Administration of administrative punishments.     22nd aviation administrative bodies to implement administrative punishments, summary proceedings, the Ombudsman made the decision on the spot.     Jurisdiction the jurisdiction of the Civil Aviation Administration or decision of administrative penalty cases, apply the General procedure, the CAAC-related functional departments are responsible for investigations, forensics, make administrative punishment recommendations and reported to the head of the Civil Aviation Administration to make a decision. Implemented by the civil aviation authority of administrative penalty, general procedures apply, the relevant functional departments are responsible for investigations, forensics, make administrative punishment recommendations, and then transferred to the legal department. Legal Department after receiving the case, shall transfer to the preliminary review of the case, to meet the conditions for a hearing for a hearing matters, administrative punishment, head of the Civil Aviation Authority made the decision on administrative penalty.    Head of the civil aviation authority to make administrative punishment decision, by rule of law functions in conjunction with other relevant departments to implement administrative punishments. Civil aviation area authority sent institutions implementation administrative punishment, by this approach 41st article provides not organization hearing of, by sent institutions about functions sector is responsible for survey, and forensics, and proposed administrative punishment recommends, by this sent institutions legal functions sector preliminary review Hou, by sent institutions head to civil aviation area authority of name made administrative punishment decided; should organization hearing of, transferred civil aviation area authority made administrative punishment decided.     23rd the law-the administrative penalty should be commensurate with the illegal plot, character and damage.     Different parties of same or similar violations, received administrative punishment should be.     24th for breach of laws, administrative regulations and civil aviation rules and a provision of a one-off, more than twice the same kinds of administrative penalty shall not be imposed, and other types of administrative penalty according to law.     25th more parties jointly committed the offence shall be according to their illegal plot, were given punishment.     Fifth chapter simple program 26th article on while meet following conditions of violations, can applies administrative punishment method fifth chapter first section provides of simple program: (a) illegal facts clear, and plot simple, and consequences compared minor; (ii) evidence or spot found behavior people illegal; (three) on citizens sentenced 50 Yuan following, and on corporate or other organization sentenced 1,000 yuan following fine or warning of administrative punishment. 27th article civil aviation area administrative organ monitored Member spot made punishment decided, according to following program handle: (a) show showed that law enforcement identity of documents; (ii) told party violations facts and proposed evidence, description its violation of legal specification of terms; (three) asked party on illegal facts or legal according to whether has dispute, heard party of statement and justified; (four) by this approach annex a of provides making civil aviation spot punishment decided book (following referred to spot punishment decided book), Signed by the client or any such representative and tell it to apply for administrative reconsideration or bring an administrative suit right.     Spot punishment decided book a type three copies, a copies spot handed party; (five) law can spot implementation of, give warning or spot collection fine and issued legal of fine receipt; (six) remaining two copies spot punishment decided book, a copies timely make monitored Member where of administrative organ functions sector archive, a copies sent this administrative organ legal functions sector record, and by provides handed fine. 28th article spot punishment decided book should contains Ming following matters: (a) party units name or party name; (ii) main illegal facts, and plot; (three) made punishment decided by according to of legal specification terms; (four) punishment of form and amounts; (five) punishment implementation way; (six) reconsideration right, and reconsideration organ, and reconsideration term, litigation right and the term; (seven) made spot punishment decided of civil aviation administrative organ of name and the administrative head; (eight) monitored Member of signature or     Sealing; (IX) made the place; (j) fill in the date of the decision on the spot, (11) a party or representative's signature.     Making the decision on the spot shall order the parties to correct violations, shall be ordered to correct violations can be included in the decision on the spot. Article 29th unless otherwise prescribed by laws, administrative regulations, and punishment on the spot, shall be subject to penalty of 20 Yuan or given a warning, does not collect fines on the spot after the difficult to implement or have difficulty in the prescribed manner by the parties to pay the fine and, as put forward by the parties, would be able to perform.     Not included in this fine shall be paid pursuant to the relevant provisions.     30th party contested the decision and defend themselves, the Ombudsman must be heard and reviewed.     Shall not be aggravating due to objections by the parties, to defend themselves. Parties challenged, to defend themselves, and do not stop execution on the spot.     Except as otherwise provided in laws and administrative regulations. Sixth chapter section the normal investigation article 31st civil aviation law cases reported in writing or orally. Civil Aviation Administration, the delegated organizations to accept oral reporting of cases, should be detailed records after they have been checked, stamped by the signature of the report, but calls are excluded.     Informants are not willing to use their real names, civil aviation administration, the delegated organizations should keep it a secret.     Article 32nd civil aviation administrative departments or the entrusted organization found that citizens, legal persons or other organizations to report cases not under their jurisdiction shall be promptly indicated to the whistleblower, and accept the transfer within 10th of the authority that has jurisdiction.     Article 33rd when performing the duties of the Ombudsman, shall produce their certificates.     Participate in law-breaking cases, inspection, investigation and evidence-the Ombudsman shall not be less than two.     Have a stake in the case of the Ombudsman, shall withdraw; may also require the Ombudsman to withdraw an application to an administrative body.     34th Ombudsman to investigate cases should be collected with the merits of the relevant article, to demonstrate nature and circumstances of the various evidence of an offence.     Evidence included the following: (a) the material evidence, documentary evidence and (ii) audio-visual materials, (iii) the testimony of a witness and (iv) the parties ' statements; (e) investigative records and field notes; (vi) conclusions and findings.     Without verification of evidence, not as the basis for ascertaining the facts.     Article 35th of the Ombudsman may require a person to provide relevant and material on case-related questions to ask the party or other person.     A party or other person shall truthfully answer the inquiries of the Ombudsman, but it has nothing to do with this case the right to refuse to answer the question. Investigations, inquiries should be made according to the provisions of annex II to this approach the civil aviation administrative cases of investigative records.     Survey record should including following content: (a) survey time, and survey locations; (ii) party and he was survey people of name, and gender, and age, and work units, basic situation; (three) involved aircraft of, aircraft of model, and nationality registration,, and all, and tenant people, basic situation; (four) violations of plot and consequences; (five) evidence situation; (six) other situation. Investigative records should clearly record, and shall be subject to the person under investigation by page after check signature or seal. Investigators refuse to sign or seal, by the Ombudsman indicated on the record.     Record shall be absent more than two signatures of the Ombudsman, and shall record the time.     Investigative records should be included in the Civil Aviation Administration cases. Article 36th Ombudsman can ask the parties and other respondents surveyed, providing related materials, evidence, should actively support and assist the individual or unit concerned. About materials and evidence must be original material or documents, collect original evidence is difficult, you can copy. Copies shall be marked "after checking with the original and correct".     Related materials and evidence must be provided by signature or seal, refuses to sign or seal shall be indicated by the Ombudsman. In connection with the case and evidence may be hiding, altering, destroying, or difficult to obtain later shall be registered and preserved by the Ombudsman. Ombudsman to save can be retained by the parties.     Parties to conceal, alter or destroy evidence or to commit perjury, shall bear legal responsibility. 37th advanced registration and preservation of evidence, should be counted on the spot and made according to the method set out in annex III of the notice of the evidence registered for keeping, signed by the client or any such representative and investigators or seal.     Two copies of the notice, client or any person representing a classified Civil Aviation Administration files a report. Advance registration and preservation of evidence by a party shall be subject to approval of the head of the Civil Aviation Administration.     Evidence shall be sealed air Executive antecedent register tape.     Article 38th for advanced registration and preservation of evidence, should be made within the 7th one of the following decisions: (a) the illegal facts are established shall be confiscated, make a decision of administrative penalty, forfeiture, (ii) the illegal facts are not established, or shall not be confiscated according to law, decided to remove the registration and preservation measures. Decided to remove the registration and preservation measures, the Ombudsman should be made according to the provisions of annex IV to this approach on the returned list of registration and preservation of evidence, by the client or any such representative's signature or seal.     Two copies of the manifest, a client or any such representative, a classified to the Civil Aviation Administration cases. 39th Ombudsman if required to conduct on-site inspections. Technical issues, should identify the units authorized by the State, issued by the expert conclusions. On-site inspections should be made according to the provisions of annex v of the approach of the Civil Aviation Administration of crime scene notes and should the Parties present party refuses to be present, should be indicated in the record. Scene notes should clearly record signed or sealed by the parties after the check. Investigators refuse to sign or seal, by the Ombudsman indicated on the record.     Scene notes should have been present more signature of Inspector and shall record the time.     40th article civil aviation administrative organ is responsible for case survey forensics of sector (following said hosted sector) in survey, and forensics end Hou, should on meet following conditions of case proposed administrative punishment recommends: (a) has violations people; (ii) has illegal facts; (three) in accordance with legal, and administrative regulations, and civil aviation regulations should held administrative legal responsibility; (four) is this organ, and organization jurisdiction and duties range; (five) violations not over two years prosecution limitation. Civil Aviation Administration contractor sector after the end of the investigation, evidence of the case, shall be made according to the provisions of annex VI to the present measures in the civil aviation administrative investigation report and attached to the case file transferred to the legal department.    Civil Aviation administrative investigation report should in turn include the following elements: (a) surveys, (ii) contractor sector and specific investigation of the Ombudsman (hereinafter referred to as contractor monitoring); (C) the parties; (d) the cause of (v) survey, check the facts, evidence and (vi) administrative penalty recommendations.     Investigation report shall be signed by the host head of inspectors and contractors. Section II article 41st Civil Aviation Administration hearing procedure Legal Department receives the case the contractor upon civil aviation administrative investigation report on the case, the Department shall conduct a preliminary review.     On intends agreed for following administrative punishment of, should in reported civil aviation administrative organ made administrative punishment decided zhiqian, by this approach annex seven of provides making civil aviation administrative punishment hearing told book, told party has requirements hearing of right; party requirements organization hearing of, civil aviation administrative organ should organization hearing: (a) many Yu Yuan 30000 Yuan of fine; (ii) revoked business license or license; (three) ordered discontinued closed. Civil Aviation administrative punishment hearing notice should be determined by a party or representative's signature or seal.     Two copies of the notice, serve a copy of the parties, a report into civil aviation administration files.     Not part of the circumstances prescribed in the first paragraph of this article, not hearing from legal departments for administrative punishment, reported to the Civil Aviation Administration made the decision on administrative penalty.     42nd case request a hearing shall, upon receipt of the hearing notice of administrative penalty within 3rd and shall be submitted to the Civil Aviation Administration legal departments held hearings application form and relevant evidence.     Civil Aviation Administration Office legal function, after the receipt of the application, and shall examine whether the application meets the conditions laid down in article 41st and 10th after the application is received, make a decision on whether to hold a hearing. Civil Aviation Administration Office legal function, decide to hold a hearing, shall be as provided for in annex VIII to the present measures making the notification of civil aviation administrative punishment hearing.     Two copies of the notice, a hearing before 7th served on the party, inform the date and place of the hearing, and notify cases host authorities, a classified to the Civil Aviation Administration cases. Article 43rd cases a party may attend the hearing in person, may also appoint one or two persons acting, the agent has a right to delegate. Agents can be a lawyer or is litigant's close relative or other person approved by the hearing officer.     The agent shall issue a power of attorney.     Agents in the context of delegated authority, as a party, but confined to the challenge did not immediately.     Cases more than one person, and may appoint a joint representative or appoint one or two persons acting separately.     Client fails to attend the hearing, nor the agents to participate in any of, waived a hearing.     To terminate the hearing of the parties active in the middle of the case, should be permitted.     44th hearing, main purpose should be based on verifiable facts.     Hearing the civil aviation rule of executive functions of the Department heads or their designated officer, host the inspectors should take part in the hearing. Hearing by following program for: (a) by hearing host announced hearing began and hearing purpose; (ii) by hosted monitored Member on party of illegal facts to hearing host proposed about evidence, and punishment according to and administrative punishment recommends; (three) by case party show evidence, for defence; (four) asked witnesses, and to witnesses quality card; (five) hearing both on and this case related of facts and legal for debate; (six) debate end Hou, hearing both for last statement; (seven) by this approach annex nine of provides making     Civil Aviation administrative punishment hearing and hearing checked by both parties sign or seal. After the end of the hearing, by the hearing officer in accordance with the People's Republic of China article 38th of the provisions of the law on administrative punishments administrative punishments.     Hearing transcripts should be classified to the Civil Aviation Administration cases. Section III decided to 45th section does not apply in cases of civil aviation administrative punishment hearing procedure before making the decision on administrative penalty, the civil aviation rule of executive functions as provided for in annex x to the present measures making the civil aviation administrative punishment of prior notification, inform the parties have stated and justified right and by the party or the party's representative's signature or seal.     Two copies of the notice, serve a copy of the parties, a report into civil aviation administration files. The Parties shall receive prior notice of the civil administrative penalty within 5th of perform statement and justification. Give up the presentation and justification of the parties, and the civil aviation rule of executive departments reported to the head of the Civil Aviation Administration make a decision of administrative penalty; require statement and defended by the parties, civil aviation legal functions of the Executive Department shall hear and justified and in accordance with the means set out in annex 11 of the making of the statement of the parties and notes to be heard.     Make a written statements and pleadings by the parties should be determined by a party or representative after the check is signed or stamped into the Civil Aviation Administration files. Article 46th after the end of the hearing or the parties ' statements and pleadings of cases, and legal departments shall be the executive authorities of civil aviation civil aviation administrative punishment was reported to the administrative authorities.     Administrative penalties instalment report shall include the following information with all case material: (a) the case, (ii) the parties; (c) the host Department and the undertaker and (iv) the illegal facts; (v) penalty basis; (f) implementation of the procedure of administrative punishment; (VII) contractor punished recommendation; (h) the Legal Department on. General administrative penalties imposed administration departments, the civil aviation Chief Executive or is in charge of Legal Affairs in charge of decisions.     Order to suspend and revoke licenses, legal persons or other organizations a large amount of fine of administrative punishment, Council meetings convened by the Civil Aviation Administration Chief decides. 47th article of the Civil Aviation Administration decided to impose administrative penalties on, by their legal departments in accordance with the law on administrative punishment 39th and the approach set out in annex 12 of the making of the civil aviation administrative punishment decision letter.     Two copies of the written decision and a copy served on the party, a classified to the Civil Aviation Administration cases.     Written decision of administrative penalty must be made the decision of the Civil Aviation Administration of seals, shall not be affixed with a seal in the hosting sector.     Written decision of administrative penalty should be made within 5th after the party declared or delivered. 48th imposition of administrative penalty shall order the party to correct or rectify violations.     Shall be ordered to correct or rectify violations of requirements can be included in the written decision of administrative penalty.     The seventh chapter implementation, closing and archiving 49th after the decision made by the administrative penalty in accordance with the regulations of the sixth chapter of the law on administrative punishment.     50th addition to be collected on the spot fines, fines imposed administrative penalty phase separation of penalty decisions from collection of penalty system, specific measures in accordance with the relevant provisions of the State Council.     51st article belongs to following case one of of, should be closed: (a) administrative punishment decided by was punishment people consciously perform finished of; (ii) administrative punishment decided law forced implementation finished of; (three) according to to implementation of administrative punishment decided was law revoked; (four) from administrative punishment of; (five) not administrative punishment and revoked case of; (six) implementation organ think can closed of other situation.     52nd handled the case after the conclusion of the Executive function of the legal system of civil aviation sector should be made according to the provisions of annex 13 to this approach the civil aviation administrative punishment case report and investigate all the materials in the process of filing.     Eighth chapter punishment supervision 53rd to encourage society to the Civil Aviation Administration and the Ombudsman supervises the activities of administrative punishment.     54th civil aviation civil aviation authority supervises the activities of administrative punishment.     55th civil aviation civil aviation authority illegal, inappropriate administrative decision can be revoked.     56th Ombudsman's negligence, malpractice, perverted or indiscriminate punishment, penalties in the circumstances are serious, shall be investigated for legal responsibility according to law.     Nineth chapter supplementary articles article 57th period as provided herein is calculated by working day.     58th article this way annex amended by the civil aviation legal system functions and departments, announced. 59th these measures shall come into force on June 1, 2003.       Released on January 14, 1997, the purpose of the measures for the implementation of administrative punishments civil aviation abolished at the same time.       Annex I Annex I annex II annex III annex IV annex III annex IV annex v annex VI annex VII annex VIII annex VII annex VIII annex IX annex x annex x Annex 11 appendix 12 Appendix 12 Appendix 13

Related Laws