Major Administrative Enforcement Decisions In Nanchang Filing Methods

Original Language Title: 南昌市重大行政执法决定备案办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387221.shtml

Major administrative enforcement decisions in Nanchang filing methods (December 14, 2012, Nanchang city people's Government, the 16th Executive meeting January 6, 2013 to 148th, published since March 1, 2013, the people's Government of Nanchang City) first in order to strengthen the supervision of administrative enforcement decisions, promoting administration according to law, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment, the People's Republic of China Law on administrative licensing, the People's Republic of China Law on administrative enforcement and the

    Jiangxi province on the administrative law enforcement supervision regulations and other provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second major administrative enforcement decisions in these measures refers to the major administrative punishment decision, major administrative licensing and significant administrative enforcement decisions.

    Article County (district) and the city and County (district) people's Government administrative bodies (including implementation of vertical Administration) and organizations authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) according to the laws, regulations and rules of significant administrative enforcement decisions made, shall be submitted to the municipal people's Government in accordance with this approach or the County (district) people's Government for the record.

    Fourth city, County (district) people's Government legal agencies (hereinafter referred to as the record review bodies) responsible for major administrative enforcement decisions for the record review.

    Major administrative punishment decision of the fifth article of the regulations, refer to the following administrative penalties:

    (A) the County (district) people's Government;

    (B) in order to suspend;

    (C) the revocation of permit or license;

    (D) citizens, legal persons or other organizations to law punishable by fines up to request a hearing level or confiscate the property equivalent of that amount.

    Article sixth major decision on the administrative license as provided herein, refers to the following administrative permission:

    (A) the limited exploitation of natural resources, the allocation of public resources and specific industries that are directly related to the public interest, such as market access, need to give specific rights;

    (Ii) laws, regulations, rules and regulations the implementation of administrative licensing hearing;

    (C) administrative law enforcement organs that need hearing and involving public interests;

    (D) the unified management, joint management and centralized administrative licensing, approved by the head of the people's Governments at the corresponding level, extend the processing time limit.

    Major administrative enforcement decisions of the seventh article of the regulation, refers to the administrative enforcement of the following:

    (A) the County (district) people's Government;

    (B) the auction or handle the sealing up, distraining premises, facilities, or property;

    (C) the forced removal of citizens, legal persons or other organizations of production, have a significant impact on the lives of buildings and structures.

    Eighth municipal people's Government in accordance with laws, regulations, regulatory requirements and the needs of the city's administrative law enforcement supervision, increasing in due course the kind of major administrative enforcement decisions need to submit for the record.

    Nineth administrative law enforcement organs should be made in major administrative decisions within 15th of, submitted for the record in accordance with the following provisions:

    (A) the County (district) people's Government and municipal people's Government Administration made a major decision of the administrative law enforcement by law enforcement agencies, submitted to the municipal people's Government for the record;

    (B) the County (district) people's Government Administration made a major decision of the administrative law enforcement by law enforcement agencies, submitted to the County (district) people's Government for the record;

    (C) two or more law enforcement agencies make an important decision of the administrative law enforcement, by the competent authorities shall submit for the record in accordance with this section first to second.

    Tenth article submitted for the record in accordance with these measures and significant administrative enforcement decisions, major administrative enforcement decisions made by body size to send to the municipal or County (area) record review bodies. Major administrative law enforcement decided to submit for the record should be submitted when filing reports, filing instructions, major administrative enforcement decisions (copy or photocopy) the duplicate material, and electronic text.

    Major administrative enforcement decisions made by the hearing, and shall submit a copy of the record of hearing.

    11th major administrative enforcement decisions for the record description shall include the following:

    (A) the basic facts and depending on the circumstances;

    (B) agencies and law enforcement personnel qualifications;

    (C) leadership approval and collective discussion;

    (D) the description of the other.

    Major administrative penalty decisions for the record also provides discretion should be exercised.

    12th record review bodies in receipt of significant administrative enforcement decisions after the filing, in accordance with the following provisions:

    (A) belonging to the major administrative enforcement decisions as provided herein, the materials are complete and submitted to meet the requirements of the registration;

    (B) belong to the major administrative enforcement decisions as provided herein, but the materials submitted are incomplete or do not meet the requirements of, suspension of registration, notify organ supplements or to submit for the record material, remedy or to submit the filing meets the requirements of the registration;

    (C) this approach shall not belong to the major administrative enforcement decisions or the parties concerned may apply for administrative reconsideration or bring an administrative lawsuit, the registration and notify the major decision of the administrative law enforcement organs, stating reasons.

    13th record review body for the registration of major administrative enforcement decisions the legality, suitability for review.

    Record review did not affect the implementation of the major administrative enforcement decisions; the record during the period under review, the parties concerned may apply for administrative reconsideration or bring an administrative suit, from the date of acceptance of administrative reconsideration or administrative proceedings, record review terminated. Article 14th record review agencies in the review process, the right of access to administrative documents and other relevant materials and, if necessary, can also be party to investigate.

    Relevant units and individuals shall assist and shall not refuse to.

    15th record review bodies to report major administrative enforcement decisions, the review found that there is illegal or improper, it shall submit a written opinion, recommendations deadline withdrawn, corrected or to administrative enforcement decisions.

    16th major administrative enforcement decisions made should be receiving the filing within 30th of the written observations of the review bodies, the results submitted to the record review bodies; for filing written disagrees with the opinion of the review body, objected to the recording review body, for the review body should deal with.

    Organ fails to challenge does not submit the results, by recording review bodies for the attention of the people's Governments at the corresponding levels shall be ordered to correct or reverse the decision.

    Article 17th major administrative enforcement decisions made each year, the authority shall before the end of January last year decided to submit for the record the record directory reviews major administrative law enforcement agencies.

    Record review bodies should in the first quarter of each year, an annual record reviews major administrative law enforcement decisions in the Official Gazette (the newspaper), published on the Government website or the news media.

    18th article violates these rules, major administrative enforcement decisions made in any of the following circumstances, the municipal or County (area) shall be criticized and rectify; in charge and other personnel directly responsible shall be given sanctions:

    (A) in accordance with the provisions of the terms and requirements submitted to the major administrative enforcement decisions for the record;

    (B) refused to cooperate with the record review bodies access to the major administrative law enforcement cases, and other related materials;

    (C) after receiving written record review body, fails to challenge not the results submitted to the record review bodies;

    (D) in accordance with the provisions of the terms and requirements submitted to the major administrative enforcement decisions.

    19th district (district) administrative law enforcement organs of the people's Government made a major decision of the administrative law enforcement to the municipal people's Government of executive authority for the record, refer to this approach. 20th these measures come into force on March 1, 2013.