Jilin province, regulation of administrative penalty discretion approach
(February 19, 2013 2nd meeting consideration of the people's Government of Jilin province on March 19, 2013, Jilin provincial people's Government order No. 239, published May 1, 2013) first in order to standardize the administrative penalty discretion, ensure justice and 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 and the provisions of relevant laws and regulations, combined with the facts of the province, these measures are formulated.
The second administrative penalty discretion in these measures refers to the implementation of administrative punishments organ within the statutory scope of administrative punishment right of citizens, legal persons and other organizations, acts that violate the order of administration, deciding whether to impose administrative penalties, what type of administrative punishment and what type of permissions to administrative penalties.
The implementation of administrative punishments in these measures refers to has the right to administrative penalties administrative institutions, laws and regulations authorized the Organization of administrative penalties.
Third article this province people's Government at all levels the implementation of administrative punishments administrative punishments discretionary, are required to comply with these measures.
Fourth people's Governments above the county level shall strengthen leadership on regulation of administrative penalty discretion, standard performance evaluation of administrative penalty discretion to include content.
Legislative Affairs Department of the people's Governments above the county level under the leadership of the Government at the corresponding level is responsible for the regulation of administrative penalty discretion in the administrative area of organization, guidance, coordination, supervision, and so on.
Article fifth exercise of administrative penalty discretion, shall comply with the following requirements:
(A) the laws, rules and regulations within the types and range of administrative penalty prescribed, and in accordance with legal procedures;
(B) according to the facts, to exclude irrelevant interferences, fact, nature and seriousness of the violations, the degree of social danger;
(Iii) the illegal facts and the nature and seriousness of harm, social and other factors in the same or similar offences, the penalties applied by the types and range should be basically the same. Sixth administrative penalty discretion refinement, quantitative work mainly consists of provincial government-owned organ responsible for administrative penalties.
Belongs to the implementation of administrative punishments that should be developed by the provincial government (State) Government-owned refining, quantifying the implementation of administrative punishments, detailed, quantified by the city (State) Government organ responsible for administrative penalties.
Higher administrative punishment implementation authorities detailed, quantified standard of administrative penalty discretion, subordinate the implementation of administrative punishments should be executed.
Article seventh refining, quantifying administrative penalty discretion, should make clear the following:
(A) laws, regulations, rules and regulations can choose whether or not to impose administrative penalties, it should be made clear whether the specific judgment for administrative punishment criteria and applicable conditions;
(B) the laws, rules and regulations can choose the types of administrative penalty, it should be made clear for different kinds of punishment of specific administrative standards and applicable conditions;
(C) laws, regulations, rules and regulations can select a range of administrative penalty, should be based on illegal facts and the nature, circumstances, social harm and other factors to determine the specific discretion criteria and applicable conditions;
(D) the laws, regulations, rules and regulations can be fined and may be administrative penalties, it should be made clear or specific judgment for administrative punishment standards and application conditions.
Article eighth refining, quantifying administrative penalty discretion, should be carried out according to the following procedure:
(A) sort out administrative penalty discretion basis;
(B) to collate, analyse related administrative punishment cases, as the basis for refining, quantifying administrative penalty discretion;
(C) administrative penalty discretion in refining, quantifying, and based on the facts of the violation and the nature and seriousness of the different hazard levels, social, provides different types of punishments, adjudication standards;
(D) the Department leading group discussions after the release implementation.
Nineth refinement, quantification of administrative penalty discretion, shall be submitted in accordance with the relevant provisions of the provincial government for record, and through the Department's Web site, to the public.
Tenth section is responsible for refining, quantifying administrative penalty discretion in implementing of administrative penalty authority, shall, in accordance with laws, regulations, regulatory changes, or administrative law enforcement situation, refining, quantifying the content of administrative penalty discretion in time modify, Supplement and perfect.
11th party, one of the following circumstances, shall not be penalized according to law:
(A) under the age of 14 in illegal acts;
(B) the mental patient is unable to recognize or control his own behavior violations;
(C) the offence minor and has been corrected, no harmful consequences;
(D) the laws, rules and regulations shall not be penalized in other circumstances. Violations is not discovered within 2 years, no longer be given administrative punishment.
Except as otherwise provided by law.
Article 12th, one of the following circumstances shall be shall be given a lighter or mitigated punishment:
(A) has reached the age of 14 under the age of 18 illegal acts;
(B) the initiative to eliminate or mitigate harmful consequences for offences;
(C) stress of wrongdoing by others;
(D) collaboration with meritorious executive authorities investigate violations committed;
(E) the laws, rules and regulations shall be given a lighter or mitigated punishment in other circumstances.
13th the exercise of discretionary administrative punishment, should be implemented to inform, hearings, state the reasons, avoidance, collective discussion and other related provisions.
14th the exercise of discretionary administrative penalties, should fully hear the statements of the parties, to plead, and record in investigation reports and administrative penalty decision shall set forth the findings of fact and no punishment, punishment, reduce penalties and other discretionary factors indicated.
15th people's Governments above the county level and their organ shall establish administrative penalties administrative penalty discretion in monitoring systems, through administrative reconsideration, administrative punishment case comment on investigation, administrative law enforcement supervision inspection, evaluation, assessment, and handling of complaints against administrative penalties, such as, to regulate supervise discretion of administrative penalty.
16th the citizens, legal persons or other organizations considered that the implementation of administrative punishments organ to exercise the discretion of administrative penalty illegal or improper, it can assure the people's Governments at the corresponding level the Department of Legal Affairs organ of higher authorities or administrative punishment complaint or information.
Receiving complaints and reports of departments to the admissibility of the complaint, reporting should be investigated, verified in accordance with the terms of reference made within 60 working days, and inform the named complainants, informants.
Article 17th discovery of any unlawful or improper exercise of discretion of administrative penalty, the implementation of administrative punishments should be proactive and timely redress; the implementation of administrative punishments do not correct themselves, by the people's Governments at the corresponding level legal department or organ of higher authorities ordered to correct administrative penalties or revoke.
Article 18th administrative law enforcement personnel violating these rules, abuse of discretion of administrative penalty, criticized by his employer, post training; the circumstances are serious, shall be given administrative sanctions; a suspected crime, judicial organs according to law. 19th article this way come into force on May 1, 2013.