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Sichuan Province, Provisions Regularizing Administrative Enforcement Discretion

Original Language Title: 四川省规范行政执法裁量权规定

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Sichuan Province's regulatory enforcement authority

(Adopted by the 46th ordinary meeting of the Government of the Sichuan Province on 12 May 2014, No. 278 of 17 May 2014 by the Order of the People's Government of the Sichuan Province, which was issued effective 1 July 2014)

Chapter I General

Article 1, in order to regulate the discretionary powers of administrative law enforcement, promote the executive branch's administrative, reasonable administration, uphold the legitimate rights and interests of citizens, legal persons or other organizations, and establish this provision in conjunction with the relevant laws, regulations and regulations.

Article 2

This provision refers to the authority of administrative law enforcement to be reviewed, judged and processed in the context of specific circumstances, in accordance with the scope, modalities, scope and time frames of law, regulations, regulations, regulations, regulations, regulations and regulations.

Article 3 regulates and exercises administrative enforcement discretion, which should reflect legitimacy, legitimacy, legitimacy, science and respect for fair, fair and public principles.

Article IV. The Government of the people at the district level should strengthen organizational leadership in the normative and exercise of administrative law enforcement authority in the administration area.

The rule of law sector of the people at the district level is specifically responsible for the organization, guidance, coordination, supervision and supervision of the executive organs of the Government of the people at this level, in accordance with this provision, and the exercise of administrative enforcement discretion. Administrative inspections are carried out by all levels of inspection bodies in accordance with the law on the exercise of administrative law enforcement discretion.

The executive branch should strengthen the guidance on the normative exercise of administrative law enforcement by the lower executive branch.

Chapter II General provisions

Article 5 develops local legislation, regulations and rules, which should be established in accordance with the law and in a reasonable manner as to the subject, conditions, procedures, types, scales, etc. of executive law enforcement.

Article 6. The executive body shall clean up the administrative law enforcement authority in a given space, classify sub-item, quantify criteria.

Provincial administrations have established administrative penalties, administrative sanctions standards, which are applicable in the system. Other administrative enforcement discretion criteria developed by provincial administrations are applicable in this body.

The executive branch of the city (the State) has established the criteria for other administrative law enforcement in addition to administrative penalties and administrative enforcement, which are applicable in the city (State). The executive organs of the city (State) can be aligned with local practice by rationalizing, quantifying and quantifying the administrative sanctions set by provincial administrations.

The executive organs that are vertically managed are responsible for the development of a variety of administrative enforcement discretion standards, which are applicable in the system.

The Department of State and the Oriental Bodies have established the relevant administrative enforcement discretion criteria, which may no longer be developed by the relevant executive organs, but may be rationalized and quantified within their defined criteria.

The executive branch, which is approved by the State Department or by the Government of the province, is responsible for the implementation of a relatively centralized administrative sanction or integrated law enforcement authority, which is governed by the relevant administrative law enforcement standards.

In larger municipalities, local regulations, regulations and self-government regulations, self-government regulations in self-governing areas, administrative law enforcement powers under the unilateral regulations are governed by higher municipalities, self-government states, self-government authorities, and the self-government areas, respectively.

Article 7 quater standards developed by the executive organs should be published in the form of administrative normative documents and in compliance with the Sichuan administrative normative document.

Laws, regulations, regulations or changes in economic and social development require adapting the criteria to be carried out in accordance with the provisions of Article 6 and this article.

Article 8 quater standards developed by the executive branch should be incorporated into the executive directory, in accordance with the administrative authority, in accordance with the requirement for public operation, in accordance with the law of executive authority, and in the relevant administrative law enforcement instruments.

Article 9 quantification criteria developed by the executive branch can serve as a basis for the review of the appropriateness of specific administrative acts by administrative review bodies and administrative law enforcement authorities.

Article 10

(i) In line with legislative purposes;

(ii) The use of multiple ways to achieve administrative purposes should be used in a manner that does not harm or damage smallerly to citizens, legal persons or other organizations;

(iii) Consider relevant factual and legal considerations and exclude interference with non-relevant factors;

(iv) Establishment of a sound internal working process, which is relatively separate from the admissibility of the case, investigation, review, decision, implementation;

(v) Equal treatment of citizens, legal persons or other organizations, giving them the same treatment in cases of fact, nature or similarities;

(vi) To implement, in accordance with the law, a system of procedures such as circumventation, public notification, hearing, investigation of evidence, justification, major decisions, collective discussions, pleadings.

Article 11. The executive organs of the provincial, municipal (state) should establish administrative law enforcement procedures and establish case guidance systems.

Chapter III Special provisions

Article 12. The administrative licence established by law, regulations and regulations has a discretionary space and should be carefully defined and quantified:

(i) There are selective provisions for the terms of the licence, and specific circumstances should be identified;

(ii) The manner in which the licence decision is not clearly defined or may be chosen should specify the specific modalities for the decision;

(iii) Specific procedures should be set out for the purposes of the licence process or changes, the withdrawal, withdrawal, cancellation and cancellation of the licence process;

(iv) The time frame for licensing should be set out only by principle;

(v) Other discretionary powers in the course of the licence proceedings should be fined and quantified.

Article 13 regulates and exercises the discretion of administrative licences and shall comply with the following provisions:

(i) In addition to projects such as national security and ecological safety, involving major productivity, strategic resource development and major public interest, no longer permit investment projects;

(ii) In addition to construction conditions such as trans-market (state), cross-focused basins or the need for integrated and balanced resources in the province, as well as national projects that expressly regulate the management of the government of the provincial population or provincial investment authorities, project licences are vested in the municipalities (States) or counties (markets, areas);

(iii) The law, legislation does not expressly specify the licence matters that must be taken before the approval of the project and shall not be subject to approval;

(iv) The number and selection rules should be published for a limited number of licences;

(v) In addition to the legal, legislative and regulatory provisions, the annual prosecution, annual review and registration shall not be carried out in any form, subject to the law, annual review and registration, and shall not be subject to pre-emptation conditions such as training, accession or payment of expenses;

(vi) Intermediation services, such as evaluation, evaluation, identification, etc., are required by law.

Article 14. The administrative penalties provided for by law, regulations and regulations are subject to a discretionary space and shall be fined, quantified and qualified and may be divided according to the specific circumstances:

(i) The specific circumstances in which the application of a simple procedure is only governed by the principle;

(ii) In the same case, the type of punishment may be chosen and specific circumstances for the choice of the type of punishment should be identified;

(iii) In the same violation, the extent to which penalties are imposed should be set in accordance with the facts, nature, circumstances and the specific criteria for the extent of social harm;

(iv) The specific conditions for mitigation, light and severe penalties should be set out in principle;

(v) A clear definition of the proceeds of the violation and the fact that the proceeds of illegal property are subject to only principled provisions;

(vi) The conditions for the cessation of the execution of sanctions decisions should be set out in specific situations only in principle;

(vii) Other discretionary powers with regard to the punishment chain should be fined and quantified.

Article 15 regulates and exercises administrative penalties and shall comply with the following provisions:

(i) The public gathering of evidence and the imposition of sanctions against citizens, legal persons or other organizations for the purpose of solicitation, deception, coercion, violence, etc.;

(ii) Measures taken in a timely manner to correct violations and to refrain from deliberately releasing the imposition of penalties for the commission of an offence shall not be sustained as a result of the imposition of sanctions.

Article 16 imposes a discretionary space under the law, legislation and regulations, and should be fine-tuned, quantification criteria:

(i) There should be a clear definition of the principled requirement for the location of the seal or the facilities and other property seized;

(ii) The specific circumstances of application should be set out in respect of administrative coercive measures that restrict the liberty of citizens;

(iii) Specific procedures should be set out for administrative coercive procedures only in principle;

(iv) The specific circumstances of an emergency should be identified in the event that there is only a principled requirement for administrative enforcement at night or statutory holidays;

(v) Other discretionary powers in the implementation of administrative enforcement should be fined and quantified.

Article 17

(i) The amount of leakage should contain specific circumstances applicable to the range;

(ii) The calculation method of the amount leasing may be chosen and the specific circumstances applicable to the calculation of the various amounts should be identified;

(iii) The specific conditions for the reduction of recruitment and forfeiture should be set out only in principle;

(iv) A reduction in the amount of recruitment should include specific circumstances applicable to the range;

(v) Other discretionary powers in the collection process should be fine-tuned and quantified.

Article 18 regulates and exercises administrative discretion and shall comply with the following provisions:

(i) No charges are established without law, regulations, regulations and State specifications or authorizations;

(ii) Expansion of the scope of administrative expenses or the improvement of administrative fees should be subject to the competence and procedures set forth in laws, regulations and regulations and hold hearings.

Article 19

(i) Specific procedures should be set out for recognition procedures only in principle;

(ii) The list of requests for information should be set forth only in terms of principle;

(iii) The time frame for specific circumstances should be set out in recognition of the only principled requirement for the time frame;

(iv) Other discretionary powers in the process of identification of matters should be fine-tuned and quantified.

Article 20 regulates and exercises the discretion of administrative recognition and shall comply with the following provisions:

(i) In cases where the applicant is unable to be personally identified in the context of special circumstances, specific circumstances should be identified and confirmed in a manner that facilitates the applicant in the event of a balance of administrative efficiency;

(ii) The recognition of the direct interest of the matter to another person should be informed.

Article 21, regulations, regulations and regulations, which provide for a defined space, should be carefully defined and quantified:

(i) The specific conditions for payment should be set out only in principle;

(ii) The specific procedures and modalities for the payment of payments should be set out only in terms of principle;

(iii) The amount paid has a sizeable amount and should include specific criteria for the amount paid;

(iv) The time frame for the delivery of the time frame is not provided for or only by principle;

(v) Other discretionary powers in the payment process should be fined and quantified.

Article 22 regulates and exercises administrative discretion and shall comply with the following provisions:

(i) An investigation into the situation of the intended recipients, which could be heard, including through a democratic review and, if necessary, a hearing;

(ii) To provide, within a certain framework, information on the subject matter;

(iii) The decision not to pay should be fully heard and justified.

Article 23. Administrative decisions under the law, regulations and regulations have a discretionary space and should be carefully defined and quantified:

(i) Procedures such as adjudication, admissibility, decision-making are subject to only principled provisions and should include specific procedures;

(ii) The specific circumstances of the standard response should be set out in the light of the principled requirement for the award criteria;

(iii) The time frame for adjudication should be set out only by principle;

(iv) Other discretionary powers in the course of the decision should be carefully defined and quantified.

Article 24 contains other specific administrative acts in a given space and should be based on the type of conduct, quantification and quantification criteria.

Chapter IV Oversight inspection

Article 25 Governments of the population at the district level should strengthen the supervision of the executive organs and the lower-level people's Government in regulating and exercising administrative enforcement discretion.

High-level executive bodies should enhance oversight of the normative and exercise of administrative enforcement discretion at the lower level of administration.

Article 26 Civil, legal or other organizations consider that the executive body exercises administrative law enforcement discretion in violation of the laws, regulations, regulations and this provision, violates their legitimate rights, may apply for administrative review in accordance with the law or, in accordance with the Administrative Law Enforcement Monitoring Regulations of the Sichuan Province, to the executive law enforcement authority for reporting, charges and complaints.

Article 27 found that specific administrative acts committed by this organ are in violation of this provision and should be made proactive and timely.

Article 28 is one of the following cases in the executive branch and is governed by the relevant laws, regulations, regulations, regulations or observations by the executive law enforcement oversight bodies, who are exempted from office or inspectorate to hold administrative responsibilities in accordance with the law:

(i) Be found that the exercise of administrative law enforcement discretion in violation of this provision would not be corrected by themselves;

(ii) Failure to implement the administrative enforcement discretion criteria that have been published for entry into force;

(iii) Inadequate exercise of administrative law enforcement discretion, causing significant loss or adverse effects;

(iv) Other violations of this provision.

Chapter V

Article 29 of this provision refers to administrative organs, including legal, legislative and regulatory organizations that authorize law enforcement and organizations entrusted with administrative law enforcement tasks under the law.

Article 31 states the executive law enforcement authority, including administrative licences, administrative penalties, administrative enforcement, administrative recognition, administrative award and other specific administrative acts.

Article 31

(i) Administrative leaching refers to the specific administrative actions of the executive branch to collect certain property to citizens, legal persons or other organizations, in accordance with the needs of the State and the public interest.

(ii) Administrative recognition refers to specific administrative acts established and endorsed by the executive organs in accordance with the law on the legal status, legal relations, legal facts.

(iii) Administrative payments refer to acts by executive organs that provide material benefits to citizens, legal persons or other organizations under the law or which give them material interest.

(iv) Administrative decisions refer to the specific administrative conduct of the executive branch to review and adjudicate civil disputes, which are closely related to administrative activities, in accordance with the law.

Article 32 provides for implementation effective 1 July 2014. The Provincial Government's provisions on the discretionary power to regulate administrative sanctions in the Sichuan Province, issued on 27 July 2008, were also repealed.