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Jilin Province, Regulation Of Administrative Penalty Discretion Approach

Original Language Title: 吉林省规范行政处罚裁量权办法

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Administrative penalties in Glin Province

(Summit 2nd ordinary meeting of the People's Government of Chilin Province, 19 February 2013, considered the adoption of Decree No. 239 of 19 March 2013 by the People's Government Order No. 239 of 19 March 2013, which came into force on 1 May 2013)

Article 1, in order to regulate administrative penalties, ensure fair law enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in line with the provisions of the National People's Republic of China Administrative Punishment Act and related laws, regulations.

Article II defines administrative penalties as defined in this approach, which refers to the competence of the administrative sanctions enforcement organs to commit violations of administrative order against citizens, legal persons and other organizations within the scope of the statutory administrative penalties and to decide on administrative penalties, administrative penalties granted and the administrative penalties granted.

This approach refers to the administrative penalties imposed by the executive organs, laws and regulations with administrative penalties.

Article 3 governs the exercise of administrative penalties by the executive organs of the people's governments at all levels of the province, and is subject to this approach.

Article IV. Governments of more people at the district level should strengthen their leadership in regulating administrative penalties and incorporate normative disciplinary action into the Government's performance appraisal.

The rule of law sector of the people at the district level, under the leadership of this Government, is specifically responsible for the organization, guidance, coordination, oversight, etc. of regulating administrative sanctions in the current administrative region.

Article 5 exercises the discretion to impose administrative penalties and shall be in compliance with the following requirements:

(i) The types and range of administrative penalties provided for by law, regulations, regulations and regulations, and consistent with the statutory procedures;

(ii) Dismoval of interference by non-relevant factors based on facts, nature, circumstances and social hazards;

(iii) The types of penalties applicable and ranges should be the same for violations, nature, circumstances, and the extent of social harm.

Article 6. Decision of administrative penalties and quantification of work is primarily the responsibility of the executive organs of the provincial government. The administrative penalties imposed by the provincial government are considered to be fine-tuned, quantifying and quantified by the executive organs of the municipal (State) government, and the quantification of the quantification and quantification of the quantification process is the responsibility of the executive organs of the municipal (State) government.

The executive branch of the superior administrative penalties is fine-tuned, quantified administrative penalties are defined, and the executive branch should be executed.

Article 7 quantification and quantification of administrative penalties should clarify the following:

(i) Legal, regulatory and regulatory provisions may choose whether administrative penalties are granted and whether specific criteria and applicable conditions for administrative sanctions should be clearly defined;

(ii) Legal, regulatory and regulatory provisions that may choose the type of administrative penalties and should clearly apply specific criteria and applicable conditions for different types of administrative sanctions;

(iii) Legal, regulatory and regulatory provisions that may choose the range of administrative penalties shall determine the criteria and the conditions applicable in accordance with the facts, nature, circumstances, and the degree of social harm;

(iv) The legal, regulatory and regulatory provisions may be available and administratively sanctioned separately and should clarify the criteria and conditions for the specificity of a single or administrative sanction.

Article 8 quantification and quantification of administrative penalties shall be carried out in accordance with the following procedures:

(i) Condition of administrative penalties;

(ii) To collate and analyse the typical cases of administrative sanctions as a basis for the comprehension and quantification of administrative penalties;

(iii) Decision, quantification and varying degrees of administrative penalties in accordance with the facts, nature, circumstances, and social hazards of the offence, providing for the application of the different types of punishment and the criteria for determining the scale;

(iv) Execution after the adoption of the sectoral leadership.

Article 9 quantification and quantification of administrative penalties should be made available to society in accordance with the relevant provisions of the provincial government and through sectoral websites.

Article 10. The executive body responsible for fine-tuned, quantifying administrative penalties, shall modify, supplement and improve in a timely manner, in accordance with laws, regulations, changes in regulations or actual law enforcement.

Article 11. The parties have one of the following cases and are not punishable by law:

(i) Violations committed by 14 years of age;

(ii) Psychiatrics have an offence when they cannot be identified or cannot be controlled;

(iii) A minor offence and has been corrected in a timely manner without causing consequences;

(iv) Other circumstances in which the law, regulations and regulations provide for penalties.

The offence was not found within two years and no administrative punishment was granted. Except as otherwise provided by the law.

Article 12 has one of the following cases in which the parties shall be punished by law:

(i) The offences committed by 14 years of age and 18 years;

(ii) Actively to eliminate or mitigate the consequences of violations;

(iii) The coercion of another person to commit an offence;

(iv) Coherence with the administrative authorities in the investigation of violations;

(v) The legal, regulatory and regulatory provisions should be light or mitigated.

Article 13, when exercising administrative penalties discretion, should be implemented with the relevant provisions, such as notification, hearing, justification, avoidance and collective discussion decisions.

Article 14. In exercising the discretionary powers of administrative penalties, the statements of the parties, the defence and the record of the case should be fully heard; the facts and the reasons for the determination, ranging from penalties, and the mitigation of sanctions, should be explained in the case investigation report and administrative sanctions decisions.

Article 15. The Government of the people at the district level and the administrative penalties it belongs shall establish a monitoring system for the supervision of the administrative penalties, including through administrative review, administrative sanctions review, administrative law enforcement inspection, assessment of the conduct of the evaluation and the processing of complaints of administrative sanctions.

Article 16 citizens, legal persons or other organizations consider that administrative penalties are incompatible with or inappropriate, may lodge complaints, reports to the superior branch of the Government of the people at this level, or administrative penalties.

Complaints received, reports should be investigated and processed in accordance with its mandate within 60 working days and inform the complainant, the reporting person.

Article 17 found that the exercise of administrative penalties was incompatible with or inappropriate, and that administrative sanctions enforcement agencies should be proactive and promptly corrected; administrative sanctions enforcement authorities were not rectified by their own authority and were corrected or cancelled by the superior authority responsible for the rule of law of the people at this level or administrative penalties.

In violation of this approach, administrative law enforcement officials misuse the discretion to impose administrative penalties, which are criticized by their units, out-of-the-job training; in the case of serious circumstances, are given administrative disposition by law; in the case of suspected crimes, transferred to the judiciary.

Article 19, which was implemented effective 1 May 2013.