Several Provisions Regulate Administrative Discretion In Punishment Of Handan City

Original Language Title: 邯郸市规范行政处罚自由裁量权若干规定

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Several provisions regulate administrative discretion in punishment of Handan city

    (November 7, 2012, Handan city, Government 66th times Executive Conference considered through November 15, 2012, Handan city, Government makes 139th, announced since January 1, 2013 up purposes) first article for specification administrative punishment free CD volume right of implementation, strengthening on exercise administrative punishment free CD volume right of supervision, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method, legal regulations, combined this city actual, developed this provides.

    Second right of free judgment for administrative punishment in these rules refers to administrative bodies, laws and regulations authorize or delegate the implementation of administrative punishments according to law Organization (hereinafter referred to as administrative punishment implementation Department), in accordance with the provisions of law and rules and regulations for violations if given administrative punishment, what type and what type of permissions to administrative penalties administrative penalty.

    Article III the implementation of administrative punishments within the administrative area of the city sector of administrative penalty discretion, these provisions shall apply.

    Fourth imposition of administrative penalty discretion should follow lawful, fair and open, the principle of combining punishment with education.

    Fifth, an administrative authority shall regulate administrative discretion in punishment provisions, criteria and the exercise of discretion of the results to the public.

    Administrative organs and their staff in the course of administrative penalties, settlement of disputes through criticism and education, does not give administrative penalty may be given a lighter or mitigated punishment shall not be punished, administrative penalties should violations of truth, character, plot, and harm.

    The sixth city, County (city, district) people's Government legal agencies and supervisory organs shall be responsible for the area of discretion of administrative penalty behavioral norms and supervision.

    Administrative rule of law institutions and monitoring bodies of the punishment implementation Department in charge of the Department, this system of free judgment for administrative punishment of acts regulating and supervising.

    Seventh municipal enforcement of administrative penalty shall, in accordance with the provisions of the administrative penalty is refined quantitative criteria, and within the 15th to legal institutions and the competent authorities, administrative punishment implementation Department is directly applicable.

    Article eighth quantify standard of discretion of administrative penalty shall comply with the following requirements: (A) the Division of administrative violations.

    According to the facts of the violation, the nature, hazards and dangers, and plot, to refine administrative violations committed as a minor, generic critical three grades;

    (Ii) granular level penalties, divided into lesser punishment, punishment, from the three levels of heavy punishment in General. (C) for each violation for each offence, determine the appropriate punishment.

    Determine the amount of punishment should be considered illegal and penalties if the circumstances which determine the amount of the fine should be given to local social and economic development level, management factors such as relative affordability and repentance.

    (D) the implementation of administrative punishments set quantify standard of discretion of administrative penalty shall be announced to the public.

    The Nineth impose administrative penalties administrative penalty enforcement, shall order the parties to correct or rectify violations violations.

    Tenth under any of the following circumstances, no administrative penalty according to law:

    (A) under the age of 14 who are in violation of;

    (B) the mental patient is unable to recognize or control his own behavior violations;

    (C) the offence minor and correct, no harmful consequences;

    (D) unless otherwise provided by law, illegal act is not discovered within two years;

    (E) no administrative penalty according to law.

    11th in minor and General violations, management people have one of the following circumstances, should be mitigated administrative penalty in accordance with law:

    (A) the initiative to eliminate or mitigate harmful consequences for offences;

    (B) coercion by others of wrongdoing;

    (C) to tie in with the authority to investigate violations has performed meritorious service;

    (D) deaf, dumb or blind to commit illegal acts;

    (E) other mitigated administrative penalty according to law.

    Administrative penalties administrative penalty reduction type, following determination of the minimum standard.

    The 12th under any of the following circumstances, the implementation of administrative punishments departments shall punishment:

    (A) have reached the age of 14 to 18 years of age who committed offences;

    (B) common offences who plays a secondary or auxiliary role;

    (C) active suspension illegal and does not cause harmful consequences;

    (D) the property involved or the illegal income is less, little harmful consequences;

    (E) other lesser punishment according to law.

    13th under any of the following circumstances, does not constitute a crime, administrative punishment implementation Department shall be punished:

    (A) within 12 months by more than twice ordered corrective action and refused to correct the violation;

    (B) play a major role in the common violations;

    (C) the coerced, induce others or instigate minors to commit illegal acts;

    (Iv) transfer, concealment, destruction of evidence of offences committed deliberately provides false evidence;

    (E) avoidance and impede law enforcement;

    (Vi) relates to national security, public safety, environmental protection and directly related to human health, the safety of life and property, the plot of heavy or harmful consequences;

    (VII) State by way of announcement and other news media banned, and after being warned or advised by law enforcement personnel, continued violation of law or did not stop within the prescribed time, correcting violations, and failed to take other remedial measures;

    (VIII) repeatedly committed offences, or again of the same offence within two years after the administrative penalty;

    (I) the informant, accused person, informant, witness or retaliating against administrative law enforcement personnel;

    (J) in the event of a public emergency or other violations committed under a State of emergency;

    (11) the violation triggered the mass incidents, as well as causing serious damage or major social impact;

    (12) against the disabled, the elderly, women, children and other vulnerable groups;

    (13) other circumstances that apply a heavier punishment according to law.

    14th laws, regulations, rules and regulations can impose one punishment may be punished, penalties imposed on minor infractions; implemented separately or general violations and penalties for serious violations, and punishment.

    Section 15th of the same violations set up various types of punishment, in accordance with the following principles of refinement:

    (A) the heavier punishment applicable to administrative detention, temporary suspension or revocation of license, suspend or revoke the permit, order to suspend production or business, large amounts of fines;

    (B) General penalties applicable amount of fines;

    (C) the punishment for smaller amounts of fines or warnings.

    Refined 16th amounts of the fines in accordance with the following principles:

    (A) penalty for a certain amount of times, punishment should be below the multiples to the lowest multiple of one-second, General punishment among multiple penalties heavier punishment shall be higher than that among multiples up to multiples of one-second;

    (B) penalty for a certain amount, punishment of minimum number should be lower than the median one-second, punishment by number of intermediate punishment, heavy punishment should be higher than the middle number to the highest number of one-second;

    (C) only stipulates that the maximum fine amount, one-third the following to determine punishment according to the highest penalty, generally punished by the maximum amount of one-third more than two-thirds below to determine a heavier penalty determined according to the maximum fine amounts above two-thirds;

    (D) only the minimum penalty, punishment at the minimum the amount of the fine determined that 1 time to determine the minimum penalty General penalty, a heavier punishment three times to determine the minimum penalty.

    17th also has two or more heavy plot, and has no mitigating circumstances, sanctions should be the highest punishment; also has two or more mitigating circumstances, and does not have a heavier plot should at the minimum punishment sanctions; both from heavy and mitigating circumstances should be considered, according to the main plot of the imposition of penalties.

    18th new laws, rules and regulations relating to administrative discretion in punishment, enforcement of administrative penalty shall be in accordance with these provisions, determines the specific violations in a timely manner to adapt the implementation of standards.

    19th implementation departments shall establish and improve the system of administrative penalties administrative penalty discretion related work, implementation of the right of free judgment for administrative punishment into the evaluation of administrative law enforcement personnel, specification for the exercise of administrative discretion in punishment.

    20th administrative penalty enforcement administrative purposes can be used in many ways, should as far as possible the administrative relative person no damage or damage lesser way.

    21st administrative punishment implementation Department found improper exercise of discretion of administrative penalty shall be timely, proactive corrective.

    22nd administrative penalty enforcement administrative penalty should be filing a case, investigation and evidence collection (hearing), review and decision functions such as separation, exercised by different within the law enforcement agency or law enforcement officers. 23rd free judgment for administrative punishment implementation Department in the penalty decision, shall be stated in the written decision of administrative penalty in concrete facts, circumstances and reasons.

    Request for interpretation by the parties, should offer an explanation.

    24th imposition of administrative penalty discretion shall not be any of the following acts:

    (A) administrative penalties and violations of plot, not adapted to nature and the consequences of, abnormal light or defects;

    (B) for different people with the same offence in the same case, made a different administrative penalty;

    (C) the handling of similar cases, governed by the same laws, regulations, and rules, but make different administrative penalty;

    (D) the administrative penalty does not comply with the legislative purpose of the laws, regulations and rules. 25th General procedures administrative punishment cases, administrative law enforcement personnel investigate investigation ending comments shall be subject to legal review of the Department, Department Manager for a decision or decided collectively.

    Punishment of administrative law enforcement personnel recommendations relating to administrative penalty discretion applies, must be specified.

    For complicated or serious illegal activities intended for heavier administrative punishment cases, and cases of punishment for hearing procedures, enforcement of administrative penalty should be decided collectively. 26th general procedures administrative punishment cases, enforcement of administrative penalty shall be from the date of filing within the 30th made the decision on administrative penalty. 30th cannot make a decision, approved by the heads of departments, you can extend the 30th.

    Otherwise provided for by laws, rules and regulations, from its provisions.

    Enforcement of administrative penalty before making the decision on administrative penalty, need hearing according to law, testing, inspection, and quarantine and identification of, not counting the time required within the period specified in the preceding paragraph.

    27th administrative penalty enforcement case system should be established to guide the sector norms in the exercise of administrative discretion in punishment.

    28th administrative penalty cases should be closed in the 30th after filing.

    29th of municipal and County (city, district) Government legal agencies and watchdog oversight of administrative penalty discretion in enforcement include the following:

    (A) whether establishing a norm of free judgment for administrative punishment, and to the public;

    (B) establish and implement the administrative penalty discretion standard relevant system and open to the public;

    (C) whether it is in accordance with the standard of administrative penalty discretion determined the punishment types and range;

    (D) impose administrative penalties process are fully taken into account and measures the illegal facts, the nature, circumstances and social hazards and other related factors;

    (E) illegal facts and the nature, circumstances and harm is basically the same of similar violations, the legal basis, the sanctions applied by the types and range is essentially the same;

    (F) two or more in the same illegal cases at the same or similar to the perpetrators of violations, the legal basis, the sanctions applied by the types and range is essentially the same;

    (VII) made the decision on administrative penalty in accordance with the relevant laws, regulations, rules and administrative discretion in punishment of the system specification;

    (H) administrative law the parties asked for clarification reasons of discretion, whether the requirement is described;

    (I) whether it is heard and fully considered the unlawful statements of the parties and the defence;

    (J) other content supervision according to law.

    30th of administrative penalty discretion monitoring include the following:

    (A) administrative punishment case comments looks up;

    (B) day-to-day supervision and inspection, or special inspection of discretion of administrative penalty;

    (C) reports;

    (D) major decision of administrative penalty for the record review;

    (E) administrative review.

    31st in violation of this provision, any of the following circumstances, in accordance with the relevant provisions to hold responsibility of the persons concerned:

    (A) result in administrative punishment verdict revoked by court cases, change;

    (B) result in administrative punishment cases was confirmed by the review authority revoke or alter or illegal;

    (C) in the administrative law enforcement supervision and inspection were identified as improper exercise of discretion;

    (D) other unreasonable exercise of discretion, have a negative impact in the community.

    Article 32nd implementation of administrative punishment in violation of the provisions of the Department, by the people's Governments at the corresponding level legal agencies recommended corrections; refuses, informed criticism is given by the people's Governments at the corresponding level, given early warning monitoring organs or depending on the seriousness, and related head and persons directly responsible shall be investigated for criminal responsibility. 33rd article administrative law enforcement personnel violation this provides, abuse administrative punishment free CD volume right constitute misjudged of, depending on its plot weight, according to Hebei province administrative law enforcement fault responsibility held approach of provides, give law enforcement personnel commandments Mian talk, and informed criticism, and ordered made written check, and ordered corrected or deadline corrected, and temporarily buckle administrative law enforcement documents, and post training, and revoked administrative law enforcement documents, and out administrative law enforcement post, and canceled when assessment assessment first qualification, and dismissed, and Laws, regulations and other administrative processing forms and other administrative rules and regulations.

    In serious cases, administrative sanctions shall be granted by the supervisory organs, constitute a crime, criminal responsibility shall be investigated according to law.

    34th article of the implementation prior to the implementation of the provisions of the administrative penalty discretion refinement of quantitative criteria are inconsistent with this provision, is subject to this provision. 35th article of the regulations come into force on January 1, 2013.

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