Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Several provisions on the right to administrative sanctions

(The 66th ordinary meeting of the Turkmen Government of 7 November 2012 considered the adoption of Decree No. 139 of 15 November 2012 for the release of the Government Ordinance No. 139 of 1 January 2013)

Article 1, in order to regulate the implementation of the right to liberty of administrative penalties, strengthens the supervision of the exercise of the discretionary powers of administrative sanctions, protects the legitimate rights and interests of citizens, legal persons and other organizations, and in accordance with the laws and regulations, such as the National People's Republic of China Administrative Punishment Act, to establish this provision in conjunction with the present city.

Article 2, which states the right to liberty of administrative penalties, refers to the competence of the executive branch, the legal statute, or the organization entrusted with administrative penalties under the law, regulations and regulations, in accordance with the provisions of the law, regulations and regulations, to impose administrative penalties, administrative penalties and administrative penalties on the extent of administrative penalties.

Article 3

Article IV should be guided by the principle of legal, fair, open, punitive and educational integration.

Article 5 should be made public by the executive body to regulate the provisions, standards and the results of the exercise of the right to liberty.

In the course of administrative sanctions, the executive organs and their staff are able to resolve administrative sanctions through criticism of education; they may not be punished with severe penalties and administrative penalties should be proportionate to the facts, circumstances, and social hazards of the offence.

Article 6 regulates and oversees the administration of justice in the Territory, in the city, in the city, in the territory of the people's rule of law and the inspectorate.

The rule of law and the inspection body in the administrative penalties implementation sector are responsible for the regulation and supervision of the discretionary conduct of administrative sanctions in this sector.

Article 7. The executive branch of the city shall establish, in accordance with this provision, a quantifiable set of administrative penalties for this sector and, within fifteen days, directly applicable to the district-level administrative penalties.

Article 8 establishes the criteria for the determination of the discretion to determine the discretion of administrative penalties, which shall be subject to the following provisions:

(i) Declassification of administrative offences. In accordance with the facts, nature, circumstances, level of harm and the consequences of the offence, the breakdown of administrative offences is minor, general and three levels;

(ii) A breakdown of the levels of penalties divided into three levels of penalties, general penalties and heavy penalties.

(iii) Determine the corresponding penalties for each offence at every level of law. The determination of the content of penalties should be taken into account in an integrated manner, in order to determine the level of fines should also consider factors such as the level of local socio-economic development, the management of relative capacity and restatement of performance.

(iv) The right to quantify the administrative penalties established by the executive punishment enforcement branch should be made public to society.

Article 9 imposes administrative penalties on the executive branch and shall be responsible for the change of the perpetrator of the offence or for the relocation of the time limit.

Article 10 states that:

(i) Persons under the age of 14 years are guilty of violations;

(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) In addition to the provisions of the law, the offence was not found within two years;

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

Article 11. In cases of minor and general violations, the management of a relative person has one of the following cases, and administrative penalties should be reduced by law:

(i) To proactively eliminate or mitigate the consequences of the violation;

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

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

(iv) The commission of an offence by a further deaf or blind person;

(v) Other laws should reduce administrative penalties.

Mitigation of administrative penalties is determined by the type of administrative penalties and the minimum standards for the range.

In one of the following cases, the executive penalties are punishable by law:

(i) Individuals who have reached the age of eighteen years have committed offences;

(ii) Be secondary or complementary in common offences;

(iii) Actively suspending the offence and without causing the consequences;

(iv) There is little consequences for the transaction or for the less proceeds of the violation;

(v) Other laws should be punished with light penalties.

In one of the following cases, there has not been a crime, and the administrative penalties are punishable by law:

(i) In the twelve-month period, more than two orders have been changed to reject the offence;

(ii) The primary role of common offences;

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

(iv) Transfer, concealment, destruction of evidence of violations and intentional provision of false evidence;

(v) To avoid and impede law enforcement;

(vi) In relation to national security, public safety, ecological environmental protection and the direct relationship to the health of the person, the safety of the property of the property, the circumstances of which are more serious or the consequences of the harm;

(vii) The State organs, including through the media, the issuance of public notices, continue to commit violations or, if they are persuaded by law enforcement officials, that are not discontinued within the prescribed time period, that are the offence and that they do not take other remedies;

(viii) The commission of multiple offences or the re-execution of the same offence within two years of administrative penalties;

(ix) Combat retaliation against the reportingers, the accused, the reportingor, witnesses or administrative law enforcement officials;

(x) The commission of an offence in the event of a sudden public incident or other state of emergency;

(xi) Incidents arising from the commission of an offence, as well as serious consequences or serious social consequences;

(xii) The interests of vulnerable groups such as persons with disabilities, the elderly, women and children;

(xiii) Other cases where penalties are applied by law.

Article 14. Laws, regulations and regulations stipulate that a single penalty may also be imposed and punishable by a penalty for a minor offence; impose a single act or punishment for a general offence; and impose and punish serious violations.

Article 15 sets multiple types of punishment for the same offence, in accordance with the following principles:

(i) The application of administrative detention, suspension or suspension of licences, suspension or suspension of licences, suspension or suspension of the licence, suspension of the property and a fine of the larger amount;

(ii) General penalties for the application of a general amount of fine;

(iii) The application of a smaller amount of fines or warnings from a lesser penalty.

Article 16

(i) A fine of up to a certain amount, ranging from a penalty to one of the two levels, which should be less than moderate to a minimum, with a general penalty of three times, from a heavy penalty to one of the highest levels;

(ii) A fine of a certain amount, from a light penalty to one of the two lowest levels, and general penalties are punishable by intermediation, from a heavy penalty to one of the highest levels;

(iii) The maximum amount of fine is determined only by a penalty of up to one third of the maximum penalty, which is determined by a general penalty of more than one third of the maximum amount of fine, determined by more than two thirds of the maximum penalty;

(iv) The minimum amount of fine is only provided, which is determined by the minimum amount of fine, the general penalties are double the minimum amount of the fine and are determined three times the maximum penalty.

Article 17, in the meantime, has two or more aggravating circumstances and should be punished in the light of the maximum penalties; there shall be two or more cases of light circumstances, and in the absence of aggravating circumstances, punishable by the minimum penalties; and, at the same time, with weight and circumstances, should be considered in an integrated manner, in accordance with the principal circumstances.

In accordance with article 18, the new laws, regulations, regulations relating to the discretionary discretion of administrative sanctions, the administrative penalties are to be applied in a timely manner in accordance with this provision.

Article 19 The executive punishment enforcement branch should establish a system of work relating to the right to the discretion to regulate administrative sanctions, including the application of the right to administrative punishment in the evaluation of administrative law enforcement personnel, and regulate the exercise of the discretion to exercise administrative sanctions.

Article 20 can be used by the executive branch to achieve administrative purposes in a variety of ways, and should be used to the extent possible to the extent that the relative administrative authority does not harm or damage less.

Article 21, the executive punishment enforcement department found that the discretionary exercise of administrative sanctions was inappropriate and should be corrected in a timely and proactive manner.

The executive penalties enforcement department should separate the functions of administrative penalties, investigation of evidence (relead), review, decision-making, etc. from different internal law enforcement agencies or law enforcement officials.

In making discretionary decisions on penalties, Article 23 shall specify the facts, circumstances and grounds specified in the administrative sanctions decisions. The parties request clarification.

Article 24

(i) The administrative penalties imposed are not adapted to the circumstances, nature, consequences of the offence or are distorted or distorted;

(ii) Different administrative penalties for persons of the same offence in the same case;

(iii) The same laws, regulations and regulations are applied in the same category of cases, but different administrative penalties are imposed;

(iv) Administrative penalties are not in accordance with legislative purposes of law, regulations and regulations.

Article 25. Administrative penalties applicable to the general process, investigations by administrative law enforcement officials at the end of the investigation, shall be taken into account by the heads of this department, either by decision or by collective discussion, after the review of the rule of law in this sector. The punitive recommendations made by administrative law enforcement officials relate to the application of the discretionary discretion to administrative sanctions, which must be given special clarification.

In cases where more administrative penalties are proposed for complex or serious offences, as well as in cases of sanctions for the application of hearings proceedings, the administrative sanctions enforcement branch should discuss decisions collectively.

Article 26 imposes administrative penalties on the general procedure, and the administrative penalties shall be imposed within thirty days of the date of the submission. No decision could be taken within thirty days and, with the approval of the head of the sector, 30 days could be extended. The laws, regulations, regulations and regulations provide for their provisions.

Prior to the administrative penalties decision, the executive punishment enforcement branch will require hearing, testing, detection, quarantine, identification, in accordance with the law, and the time required is not calculated for the period specified above.

Article 27 should establish a typical case system that guides the exercise of the right to administrative sanctions.

Article 28 Administrative penalties should be filed within thirty days of the closure.

Article 29 supervision of the right to discretion in the administration of justice by the municipal, district and inspectorate bodies, including the following:

(i) Whether there is a discretionary norm for administrative sanctions and is open to society;

(ii) Whether there is a system for the soundness and implementation of the norms governing the discretion of the administration of justice and public the society;

(iii) Whether the types and range of administrative sanctions are determined in accordance with the criteria for the discretionary nature of administrative penalties;

(iv) The full consideration and measurement of the relevant factors, such as the facts, nature, circumstances and the extent of social harm, in the course of administrative sanctions;

(v) The legal basis applicable, the type of penalties and the extent to which the legal basis applicable, the type of penalties and the range of offences are the same for the purposes of such violations, nature, circumstances and social hazards;

(vi) Does the legal basis applicable, the type of punishment and the extent to which it is applied to the perpetrators of more than two or more of the same violations;

(vii) The administrative penalties decisions taken are in accordance with the applicable legal, regulatory, regulatory and regulatory norms and the discretionary norm of administrative sanctions of the system;

(viii) Does the administrative party require clarification on the grounds of discretion and whether the provision is made;

(ix) Have heard and fully taken into account the presentation and the defence of the administrative party in conflict with the law;

(x) Other subjects of legal oversight.

Article 31 provides for the exercise of discretion in administrative penalties, including the following:

(i) Administrative penalties review;

(ii) Regular supervision of inspections or special inspections of the discretionary discretion of administrative sanctions;

(iii) Public reporting;

(iv) Review of major administrative penalties decisions;

(v) Administrative review.

In violation of this provision, there are one of the following cases in which the responsibility of the person concerned is prosecuted in accordance with the relevant provisions:

(i) The dismissal and modification of administrative penalties by the People's Court;

(ii) The dismissal, modification or recognition of the violation by the review body;

(iii) In administrative law enforcement oversight inspections, the right to discretion is recognized as inappropriate;

(iv) Other unwarranted exercise of the right to discretion, which has a negative impact on society.

In violation of this provision by the executive penalties enforcement branch, the reform of the rule of law of the current people's Government was recommended by the authorities of the people; the denial of correction was criticized by the Government of the people at this level; the oversight body gave early warning or circumstances to hold the responsibility of the responsible head and the person directly responsible under the law.

In violation of this provision, the abuse of discretionary power by administrative law enforcement officials constitutes a misperception, depending on their circumstances, giving law enforcement officials a warning, notification of criticisms, orders for written checking, reordering or probation, deducting administrative documents, debriefing administrative documents, distributing administrative documents, releasing administrative positions, requalification, revocation, legal regulations and other forms of administrative treatment. In serious circumstances, administrative disposition by the inspectorate constitutes an offence and is criminalized by law.

Article 34, paragraph 1, of the present article, provides that the criteria for quantification of administrative penalties that are not consistent with this provision.

Article 33 XV provides for implementation effective 1 January 2013.