(Adopted by the 57th ordinary meeting of the Government of the People of the Länder on 29 November 2012 No. 43 of the Decree No. 43 of 29 December 2012 concerning the application of 1 February 2013)

Chapter I General

Article 1 guarantees and monitors the right of the executive branch to exercise discretion in the exercise of administrative sanctions, protect the legitimate rights and interests of citizens, legal persons and other organizations, and develop this approach in line with the provisions of the National People's Republic of China Administrative Punishment Act and relevant laws, regulations and regulations.

Article 2

Article 3 of this approach refers to the discretionary right to administrative sanctions, which means the right to self-determination and disposal when administrative penalties are exercised by the executive organs in accordance with the law, regulations, regulations and regulations.

Article IV regulates and monitors the rule of law sector of the communes of the city, the district (community) are responsible for the administration of justice within the present administration.

The rule of law organs of the executive organs are responsible for the regulation and supervision of the authority to determine the administrative penalties of the organ.

Article 5 exercises the discretion to impose administrative penalties and should be guided by the principles of legality, impartiality, openness and impunity, as well as with the same penalties.

The exercise of the right to liberty of administrative punishment should be consistent with the principle of integration and punishment, with education as the primary, leading to the self-respect of citizens, legal persons and other organizations.

Article 6. The exercise of the right to discretion for administrative sanctions should be based on facts, nature, circumstances, and the extent of social harm, and should be taken into account in an integrated manner:

(i) The age and spiritual situation of the perpetrator of the offence;

(ii) The degree of subjectivity of the offender;

(iii) There are more than two similar offences within two years;

(iv) Specific methods or means of offences;

(v) Number of proceeds derived from the law or illegal property;

(vi) The extent and social impact of the offence on specific targets;

(vii) Measures taken and effect on violations;

(viii) Other factors provided for in laws, regulations and regulations.

Article 7. The executive organs shall adopt information, reminders, recommendations and guidance to prevent violations.

The imposition of administrative penalties is prohibited by unjustifiable means such as inducement, deception, coercion, resulting in violations by citizens, legal persons or other organizations and administrative sanctions against them.

Chapter II Freedom of discretion benchmarks

Article 8. Administrative penalties shall be imposed by the executive organs, in accordance with the laws, regulations, regulations and regulations, on administrative penalties, types, scales, in the light of the facts, nature, circumstances, and the extent of social harm, and on the basis of discretion and the development of benchmarks for administrative sanctions.

The development of a baseline for the free determination of administrative penalties should be based on the criteria for the discretionaryness of administrative sanctions developed by the superior authorities.

The newly enacted laws, regulations and regulations deal with the discretionary power of administrative sanctions, and the executive organs should establish a baseline for administrative sanctions relative to violations within one year of the date of entry into force of the law, regulations and regulations.

The criteria for the free determination of administrative penalties should be reviewed in a legitimate and reasonable manner with the same Government's rule of law sector and made available to society as required.

Article 9 provides for the type and range of discretion for each tier of administrative penalties.

The law, regulations and regulations impose multiple administrative penalties on the same offence, which apply to a fine of a warning or a lesser amount; from a severe penalty to the suspension of the property, the suspension of the licence or the licence, the amount of a fine or the confiscation of the proceeds of an offence, unlawful property.

Article 10 provides for penalties for a certain range of fines, and in the development of a baseline of discretion, it should be considered appropriate to dedicate the circumstances from the scope of the penalty, general punishment, and severe penalties.

The amount of the fine is determined in accordance with the following criteria:

(i) The fine shall be more than three times between the maximum number and the minimum number, and the general penalties shall be less than the intermediate sentence, and the penalties shall be higher than the intermediate level;

(ii) A fine of a certain amount shall be divided by more than three tiers between the maximum amount and the minimum amount (the maximum amount is more than four times the minimum amount and the penalties should be divided by a number of times), and general penalties should be punished in accordance with intermediate penalties, ranging from minor penalties should be lower than the intermediate level, and the penalties should be higher;

(iii) The maximum amount of fine is not provided with a minimum amount of fine, and general penalties are determined by 40 to 60 per cent of the maximum amount of the fine, from the penalties determined below 40 per cent of the maximum amount of the fine.

(iv) Any fine that does not provide for or does not delimit the discretionary range of liberty, the amount of the fine shall be executed in accordance with the legal, regulatory, regulatory and penal standards.

Article 11 states that:

(i) The age of the offender is under the age of 14 years;

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

(iii) A minor offence and a prompt remedy, without causing the consequences;

(iv) The offence exceeds the statute of limitation;

(v) Other laws should not be subject to administrative penalties.

Article 12 states that:

(i) The offender has attained the age of 14 years;

(ii) Servicing, instigating, and instigating the commission of an offence;

(iii) There are fewer proceeds of the transaction or of the violation;

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

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

(vi) Other penalties should be reduced by law.

Article 13 states that:

(i) To conceal and destroy evidence of violations;

(ii) The failure of law enforcement officials to investigate violations, violence and anti-discrimination laws, etc., to constitute crimes;

(iii) To refrain from discouraging and continuing to commit violations;

(iv) Violations involve national security, public safety, ecological environmental protection and physical health, life and property security;

(v) The adverse circumstances of the offence and the consequences of the grave harm;

(vi) Coercion, inducing or instigating minors to commit offences;

(vii) The main role of co-implementation of the offence;

(viii) The commission of multiple violations and the repeated failure of teaching;

(ix) In the event of a sudden public incident, an offence is committed.

Article 14 shall be punished in the form of statutory penalties or in the range of penalties.

Chapter III

Article 15. When administrative penalties are imposed by the executive organs, the parties shall be educated in accordance with the provisions of the law, regulations, regulations and regulations, and shall be responsible for the immediate alteration of the parties or the transfer of the duration of the offence. Unless otherwise provided by law, regulations and regulations, the duration of the period of change shall not exceed 15 days.

Article 16 of the administrative penalties applicable to the general procedure, which are investigated by the administrative penalties enforcement body, submitted to deal with observations and made a statement on the discretionary discretion of the applicable administrative sanctions, which may be subject to review by the executive heads of the administrative penalties or to collective discussions, may be subject to penalties.

In one of the following cases, a decision should be taken after a collective discussion among the heads of organs:

(i) It is proposed to impose a fine of a higher amount;

(ii) It is proposed to be subject to an order of suspension, suspension or licence;

(iii) To be punished by law, to reduce the penalties or to punish them;

(iv) Implementation of hearings;

(v) Administrative penalties are considered by executive organs to require collective discussion of other cases.

Collective discussions should be recorded in detail and incorporated into administrative sanctions files.

Article 18 imposes administrative penalties and shall guarantee the rights of the parties to make statements and to the defence. The hearing shall be organized by law in order to meet the statutory hearings.

Prior to the administrative penalties decision, the parties should be informed of the administrative sanctions decisions to be taken and the facts, rationales, basis. It should be reviewed for the facts, rationales and evidence presented by the parties or the defence.

Article 20 produces administrative penalties decisions that, in addition to matters requiring by law, regulations, regulations, etc., should also justify the acceptance of the parties and provide clarifications on the grounds and grounds for how to adopt them.

Article 21, in addition to the law, regulations, regulations and regulations, applies general procedures for administrative penalties, shall be subject to administrative sanctions decisions within sixty days of the date of the case, with exceptional circumstances, with the approval by the head of the organ concerned that the extension period shall not exceed thirty days.

Prior to the administrative penalties decision, the executive sanctions enforcement body will require a notice, hearing, testing, testing, quarantine or identification under the law, without computation of the period specified in the preceding paragraph.

In article 22, law enforcement officials of the executive organs have one of the following stakes with the parties and should be avoided by law:

(i) Nearly relatives of the parties involved;

(ii) Victims, beneficiaries or close relatives of the offence;

(iii) Other relations with the parties involved may affect the fair handling of cases.

Article 23, which applies a summary procedure, shall be filed within two working days of the date of the punishment for the filing of administrative sanctions decisions; the application of the general procedure shall be filed within five working days from the date of completion.

The publication of administrative penalties should include the directory of the material, the identification of the file, the investigation of the notes and related evidentiary material, the investigation of the observations, the administrative sanctions notification, the administrative penalties decision, the delivery of the release to the operation, the completion of the clearance schedule.

The application of the hearings process should include hearings.

Article 24 punishing the executive branch shall provide statistical information on the administrative penalties imposed by the last quarter by ten months, which shall be reported to the rule of law of the Government of the same people.

Major administrative penalties, such as orders for suspension, suspension or licence, imposition of fines and confiscation of proceeds of crime, illegal property, etc., should be sent within 15 days of the date of the decision.

Article 25 Administrative penalties enforcement organs should conduct regular administrative sanctions review, whether the facts of the specific case are clear, whether the evidence is clear, whether the procedure is lawful, whether the application of the law is correct, whether the discretion is appropriate and whether the language is to be regulated.

Article 26 Administrative penalties should be imposed on common offences and, in the light of the actual practice of this sector, the establishment of a class of cases, as a reference to administrative penalties, ensures the application of basic consistency in the law of the same category of cases.

Article 27 imposes administrative penalties on the administration of justice in a timely manner in the e-management system, which is monitored in real time by the rule of law sector of the municipalities, districts (markets).

Article 28 fully guarantees the rights of citizens, legal persons or other organizations. Citizens, legal persons or other organizations have the right to make representations, petitions for administrative sanctions; administrative penalties are not uniform and have the right to apply for administrative review or administrative proceedings in accordance with the law; and damages for administrative penalties imposed by administrative organs are entitled to reparation by law.

Chapter IV Oversight of the evaluation

Article 29 of the administrative penalties enforcement body found that the discretionary exercise of administrative sanctions was inappropriate and should be remedied in a timely manner.

Article 33

(i) Review of the legitimacy and legitimacy of administrative sanctions through administrative review;

(ii) A review of administrative penalties cases;

(iii) Exemptive inspection of the right to regular supervision or discretion for administrative sanctions;

(iv) To receive complaints and reports from the public on administrative sanctions cases;

(v) Implementation of a desk review of major administrative penalties.

Article 31: The rule of law sector of the people of the city, the district (market) shall oversee the exercise of the right to administrative sanctions by the executive organs, including the following:

(i) Whether administrative penalties are developed and made available to society;

(ii) The establishment and implementation of the administrative sanctions enforcement registration system, the legal review system, the system of collective discussions, the hearings system, the system of discretionary statements, the public system, and the system of major penalties;

(iii) Whether the right to administrative punishment is exercised in an integrated manner, taking into account the facts, nature, circumstances and the degree of social harm;

(iv) Whether decisions taken in accordance with the provisions of the law, regulations, regulations, or regulations are taken on a heavy, light, mitigation or non-administrative basis, as well as in administrative sanctions decisions;

(v) Whether the parties are heard and the defence;

(vi) Have compliance with the statutory procedures;

(vii) Other areas requiring oversight under the law.

In violation of the provisions of the preceding paragraph, the rule of law sector of the commune, district and territorial governments should make a commitment period of time and be corrected by administrative penalties.

Article 32, the executive branch shall assess annually the exercise of the discretion to impose administrative sanctions in this sector.

The Government of the communes of the city, the district (market) incorporates the application of the right to regulate the discretionary application of administrative sanctions into the annual executive review.

Article 33 deals with violations of the provisions of this approach, in accordance with the relevant provisions of the Law of the Government of the People's Republic of the city, the district (market) and the law enforcement accountability approach of the Governor of spring.

Chapter V

Article 34 of this approach is implemented effective 1 February 2013.