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Wuxi Power Of Relatively Concentrated Administrative Punishment Measures For Urban Management

Original Language Title: 无锡市城市管理相对集中行政处罚权办法

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The right to administrative punishment is relatively concentrated in urban management in the city of Sekong.

(Summit 10th ordinary meeting of the Government of the Community of 19 December 2012 to consider the adoption of Decree No. 134 of 31 December 2012 No. 134 of 31 December 2012 by the Government of the Community, which came into force on 1 January 2013)

Chapter I General

Article 1, in order to strengthen urban management, increase the efficiency and level of administrative enforcement in urban management, protect the legitimate rights and interests of citizens, legal persons and other organizations, and develop this approach in line with the National People's Republic of China's Administrative Punishment Act and relevant legal, regulatory and regulatory provisions.

Article 2 applies to the implementation of a relatively centralized administrative sanctions regime for urban management within the framework of this city.

Article 3 of this approach states that urban management is relatively focused on administrative penalties, which means that, in accordance with the National People's Republic of China's Administrative Punishment Act and the State Department's Decision on the further promotion of a relatively centralized exercise of the right to administrative punishment, the executive branch of urban administration is closely focused on the full or partial exercise of the executive authority.

Article IV. The executive branch of urban management is the function of the city, the people of the region to exercise the right to urban management to be relatively centralized in administrative penalties, and to stop, identify and redress violations of the provisions of urban administration, legislation, regulations and regulations, in accordance with the competence set out in this approach.

The urban administration administration administrative law enforcement authorities conduct inspections, guidance and oversight of district urban administration.

The municipal, district urban management administrative law enforcement agencies are entrusted by the municipal and district urban administration administration administration administration administration authorities, with specific implementation of administrative enforcement in urban management within the Territory.

Article 5: The Urban Security Agency of the Municipal and Regional Public Security Sector is the specialized agency for the security of administrative law enforcement in urban management, with specific responsibility for urban administration, prevention, resolution and disposal, which impedes urban administration.

Article 6. The Urban and Regional Urban Management Commission is the integrated coordination body for urban management, which is specifically responsible for coordinating and providing guidance on major urban management efforts within the Territory, and to study key issues arising from urban management and relative concentration of administrative sanctions.

The municipal, district government rule of law sector is the guidance, coordination and oversight body for urban management in relation to the concentration of administrative penalties, with specific responsibility for coordinating and monitoring urban management in the Territory's relatively centralized administrative penalties.

Article 7. Planning, municipal parking forests, business, environmental protection, public safety, construction, homekeeping and land administrations should be coordinated with the implementation of the right to administrative punishment, in line with their respective responsibilities.

Article 8. Administrative penalties for the administration of urban administration should be governed by legitimate, fair and public principles, upholding people-centred, law enforcement and education, evacuation and services, civilized law enforcement, normative law enforcement, and harmonization of legal effectiveness and social effectiveness.

Article 9. Requirements for urban administration enforcement should be included in the same fiscal budget to ensure that the urban administration is carried out by law.

Chapter II

Article 10

(i) To put an end to, identify, correct violations of the provisions of the municipal and environmental management legislation, regulations, regulations and regulations, and to force the removal of buildings, constructions or facilities that are incompatible with urban profiling standards, sanitation standards, or facilities in accordance with the law;

(ii) To put an end to, identify, correct violations of urban and rural planning management provisions, in accordance with the provisions of the laws, regulations, regulations and regulations governing urban and rural planning management, and to dismantle, by law, illegal buildings, constructions or facilities that affect urban and rural planning;

(iii) To put an end to, investigate violations of urban green management provisions, in accordance with the provisions of the urban green management laws, regulations, regulations and regulations, and to cooperate with the urban greening authorities in correcting damage to greenization and facilities;

(iv) To put an end to, investigate violations of the provisions of municipal administration, in accordance with the provisions of the laws, regulations, regulations and regulations governing urban administration, and to cooperate with the municipal authorities in redressing damage to roads and municipal facilities;

(v) To end, identify, correct the slack of social life, to slacken the pollution of construction, and to burn the material of toxic harmful fumes and malicious gases in areas of population concentration, to urban rivers, water dumping of industrial waste, construction waste, living garbage or other waste;

(vi) To put an end to, inspectorate and correct the unlawful operation of a licensee, in accordance with the provisions of the laws, regulations and regulations governing the administration of business;

(vii) To put an end to, detect and correct the use of urban roads, in accordance with the provisions of laws, regulations and regulations governing transport management of public safety;

(viii) Other responsibilities under provincial and municipal governments.

Article 11, in accordance with the principle of territoriality, is responsible for the investigation of offences committed in the territory.

The following violations are the responsibility of the urban administration administration executive branch, which should be synchronized with the urban administration administration.

(i) No construction in accordance with the construction planning licence;

(ii) The unauthorized establishment of an expatriate facility or the publication of commercial outreach facilities;

(iii) Other cases before the Government of the city.

The municipal administration of administrative law enforcement authorities may, if necessary, be directly checked in the cases governed by the administrative law enforcement authorities in urban areas, or may also organize joint checks in the relevant urban administration administration administration administrative authorities or transfer the case to the District Administrative Law Enforcement Service.

The significant difficulty of the administration of justice in the urban areas is considered necessary by the municipal administration of administrative law enforcement authorities, which can be brought to the municipal administration of administrative law enforcement authorities.

Article 12, the State, the provincial adjustment of the administrative law enforcement authorities in urban administration, which are relatively concentrated in the exercise of administrative penalties, is carried out in accordance with the adjusted authority.

Article 13: When the administrative law enforcement branch of urban management investigates the offence, the following measures may be taken in accordance with the provisions of the law, regulations and regulations:

(i) Access to the inspectorate or on-site investigation, inspection and suppression of the offence;

(ii) A query of the units and individuals concerned, and a query;

(iii) To obtain relevant evidence material through, inter alia, photographs, audio-visual videos;

(iv) Access, referral or reproduction of relevant material of evidence;

(v) A sample of evidence or a means of registration;

(vi) The instruments, goods, documents and buildings involved in the commission of the offence, the seizure, seizure, in accordance with the law;

(vii) Other measures under laws, regulations and regulations.

Article 14. With regard to the ongoing construction of illegal buildings, constructions or facilities, the urban administration of administrative law enforcement authorities should be advised to immediately cease construction, the removal of the duration of the offender's own demolitions, the refusal to stop construction or the late removal of their homes, and the urban administration of administrative law enforcement authorities should be forced to dismantle by law.

Article 15. After a relatively concentrated nature of the administrative sanctions regime, the authorities shall not exercise the administrative penalties that are centrally exercised by the urban administration of the administration of justice; the administrative sanctions decisions are still in place.

Chapter III

Article 16 should establish administrative law enforcement procedures, such as administrative enforcement, administrative sanctions and the application of discretionary powers. The municipal, regional urban administration executive and urban administration executive law enforcement agencies should communicate administrative law enforcement responsibilities, procedures, results and discretionary application norms, such as their office premises and websites.

Article 17: The urban administration of administrative law enforcement authorities should establish a day-to-day mechanism to detect, suppress, inspect and correct violations of urban administration laws, regulations and regulations in a timely manner.

Article 18 should establish and improve complaints, reporting systems, and make complaints available to society. Complaints, reports should be registered and processed in a timely manner.

The administrative law enforcement branch of urban administration should be the subject of a complaint, the confidentiality of the reporting person; there is a clear complaint, the reporting person should deal with written feedback, the reporting person, within 30 days of the date of receipt; the situation is complex and, with the approval of the head of the organ, may extend due period, but the extension period should not exceed 30 days. The law, legislation and regulations provide otherwise, from their provisions.

Article 19

Article 20 should be used to correct violations when the administrative law enforcement authorities are investigating violations. In the case of a minor nature of the violation, it should first be educated to correct the violation; the active and active remedy of the perpetrator of the offence, or to report that the offence of another person is committed, should be punished with light, mitigation or immunity.

Article 21, the administrative law enforcement branch of urban administration, in law enforcement, seizures of property or pre-registration of evidence, should make a list of the parties; and the removal of the evidence by law, sale or other measures to properly dispose of the goods at the end of the period in force.

Section II of the urban administration executive branch may, in the course of law enforcement, carry out seizures, seizures, seizures of places, facilities or property involved in the case, but shall not be sealed, seized and seized of the essentials of the life of citizens and their dependent families; and determine the execution of seizures, seizures and seizures shall be produced and delivered in the place.

The period of seizure and seizure shall not exceed 30 days; the situation is complex and, with the approval of the heads of the urban administration administration, 30 days may be extended. Except as otherwise provided by law, legislation and regulations.

The decision to extend the seizure and seizure should be communicated in writing to the parties on the grounds.

Article 23 of the urban administration executive branch makes administrative decisions that require the parties to comply with obligations such as exclusion, rehabilitation, etc., the parties have failed to perform, and the consequence has been or will endanger the safety of transport, cause environmental pollution or destroy natural resources, and the administration of administrative law enforcement services in urban administration can be carried out or entrusted with the implementation of the third person who has no stake.

There is a need for immediate removal of road, material, barriers or pollutantes in public places, where the parties cannot be removed, and the urban administration of administrative law enforcement authorities may decide to implement them immediately; the parties are not present, the urban administration of administrative law enforcement authorities should notify the parties immediately and deal with them in accordance with the law.

The costs performed by generations are determined on a costly basis by the parties. However, other provisions of the law are provided.

Article 24, when the administrative law enforcement services in urban administration are in violation of the law, the parties in conflict with the law or the parties refuse to cooperate, can use the manner in which the residual or on-site posting is provided under the civil procedure law and to record the delivery process, including photographs, videos.

Article 25. Urban administration of administrative law enforcement and its law enforcement officials shall not be subject to a fine or a fine substitute for charges, or to other methods, forfeiture or otherwise for the protection of the offence.

Article 26

(i) Violations of the physical or other legitimate rights of the parties;

(ii) To accept or accept the property of the parties, dinners and recreational consumption;

(iii) Reimbursement of the types of administrative penalties and ranges;

(iv) Failure to deal with complaints, reports or disclosure of complaints, reports of persons;

(v) Contain, private or transcend private fines and confiscated property;

(vi) Administrative sanctions, administrative coercive measures or administrative sanctions in violation of the statutory procedures have shown impartiality;

(vii) Inadequate cessation, investigation and redress for offences falling within the purview of administrative law enforcement duties;

(viii) To favour private fraud, toys negligence and abuse of authority;

(ix) No fines may be imposed on the basis of the place;

(x) No fine collections issued to the financial sector, as prescribed;

(xi) Other violations.

Article 27 provides one of the following cases for urban administration law enforcement officials and should be avoided:

(i) The parties in the present case or the close relatives of the parties;

(ii) Individuals or close relatives have a stake in this case;

(iii) To serve as witnesses and experts in the present case;

(iv) Other relations with the parties in the present case may affect the fair handling of cases.

In the view of the parties, the urban management of administrative law enforcement officers has the above-mentioned circumstances and may make requests for evasion before administrative sanctions decisions are taken.

The evasion of administrative law enforcement officials in urban management is determined by the heads of the administrative law enforcement sector in their own cities. Before avoiding the decision, law enforcement officials do not stop the investigation of cases.

Chapter IV

Article 28 governs the administration of administrative law enforcement services and the planning, construction, land, municipal parking, housekeeping, business, environmental protection, public safety, etc., and should establish and implement administrative, administrative law enforcement information-sharing, working coordination mechanisms.

Article 29 of the licence decision of the executive authorities of the city or area related to the relatively centralized administration of justice should be transmitted to the administrative law enforcement branch of urban administration within 5 days of the licence decision. However, the administrative licence decision has been published on the Government website and can no longer be consigned.

Article 31, in law enforcement, penalties for licensed offences should be taken into account by the urban administration administration administration administration, within 15 days of the administrative penalties decision. However, administrative sanctions decisions have been made available on the Government's website and may not be consigned.

Article 31 provides for significant violations by the urban administration executive branch or other violations of urban management provisions, requiring the suspension of the relevant procedures and the written notification of the relevant sector. A written notice of the suspension of the proceedings shall contain a period of time. The duration of the suspension shall not exceed 90 days.

The relevant section of article 32 found that the law should be investigated by the urban administration administration and should be communicated in a timely manner or transferred to the urban administration of the administration of justice; the urban administration should be registered and processed in a timely manner, requiring the cooperation of the relevant sectors, and the authorities should cooperate.

Article XIII requires the relevant authorities to make a determination in the course of law enforcement, and the relevant authorities shall make written observations within 7 days of the receipt of the letter of confirmation and transmit them to the administrative law enforcement sector. The situation is complex and may be properly prolonged, but not more than 15 days.

Administrative penalties decisions by the urban administration administration administration administration administration should be taken within 15 days of the date of the administrative sanctions decision, which should be transmitted to the administrative authorities that have made the opinion. However, administrative sanctions decisions have been made available on the Government's website and may not be consigned.

Article 34 governs the administration of urban administration in the event of a violation of regulatory provisions such as urban public use, environmental protection, urban greenification, etc., where damage, occupation or compensation are concerned, and shall be communicated within 24 hours to the relevant sectors. Upon receipt of the notification, the relevant departments should be able to cooperate on a timely basis with the law enforcement and to make restitution or compensation decisions within 15 days, while transmitting the urban administration of administrative law enforcement.

The urban administration of administrative law enforcement should assist the relevant sectors in the implementation of restitution or compensation decisions.

Article XV of the urban administration executive branch found that the law should be investigated by other law enforcement authorities in the course of law enforcement, that it should be communicated in a timely manner or transferred to the relevant law enforcement authorities, and that administrative penalties should be taken into account within 15 days of the date of the administrative sanctions decision. However, administrative sanctions decisions have been published on the Government's website and may not be consigned.

Article 36 should be closely aligned with the administration of justice in the urban administration, and should be dealt with in a timely manner by law in order to prevent administrative law enforcement officials from exercising their duties under the law.

The public security sector's urban administration institutions should be accompanied by urban administration of administrative law enforcement and order.

Chapter V Enforcement oversight

Article 37 Inspection services, the Government's rule of law sector should enhance oversight of the implementation of the right to administrative punishment in urban management and to receive and address administrative enforcement complaints in a timely manner.

Article 338 of the Government's rule of law sector found that the urban administration of administrative law enforcement authorities and their law enforcement officials violate the law enforcement norms set out in this approach should be made in a timely manner by means of administrative law enforcement oversight decisions and by granting them a deadline for redress.

Article 39 of the Government's rule of law sector found that the urban administration of administrative law enforcement authorities and the relevant authorities were in violation of the provisions of this approach and that administrative law enforcement oversight letters should be made in a timely manner and that their deadlines should be enforced.

Article 40. In the course of law enforcement, the urban administration administration administration has found that the authorities in question exercise of the right to administrative penalties that have been relatively concentrated or do not cooperate with assistance, may directly require corrective action by the sector or may also be brought to the same Government's rule of law sector to seek redress in accordance with this approach.

In the course of administration, the relevant sectors found that the urban administration of administrative law enforcement authorities did not carry out their functions in violation of the law or did not cooperate with the assistance, which could directly require the urban administration to rectify the administrative law enforcement authorities or to bring them to justice in accordance with this approach.

Article 40 should establish a robust internal oversight system to strengthen the oversight management of administrative law enforcement agencies and law enforcement personnel, and administrative law enforcement agencies, law enforcement officials and other relevant responsibilities in the exercise of their functions in violation should be addressed in a timely manner.

Article 42, the urban administration administration administration administration administration, should enhance the oversight of the administration of justice in urban areas, finding that cases of misconduct, misconduct of cases, inappropriateness of enforcement procedures, non-regulation of law enforcement procedures, apparent evidence deficiencies, should be followed in a timely manner. Where necessary, a proposal for administrative enforcement oversight of urban administration or a letter of administrative law enforcement oversight of urban administration can be made available to correct the deadlines.

Sectoral urban administration administration should be sent back within 15 days of the date of the significant administrative penalties decision, to the district Government's rule of law and to the urban administration administration.

Article 43, civil, legal or other organizations, found that the urban administration of administrative law enforcement authorities and their law enforcement officials were in conflict with the law and had the right to be inspected, charged and processed promptly by the inspectorate, the Government's rule of law sector.

Article 44 states that citizens, legal persons or other organizations are of the opinion that the specific administrative acts of the administrative law enforcement sector in urban administration violate their legitimate rights and may apply for administrative review or administrative proceedings in accordance with the law.

Chapter VI Legal responsibility

Article 42 governs the administration of the administration of justice in urban areas or the relevant departments, which do not carry out their functions in accordance with this approach, or refuses to implement the Government's rule of law enforcement oversight decisions, administrative law enforcement oversight letters, and the Government's rule of law services may make recommendations for accountability to the responsible person concerned and are dealt with by the same level of inspection.

Article 46 governs the administration of administrative law enforcement authorities or law enforcement officials in the relevant sectors in violation of the provisions of this approach, and the Government's rule of law sector may, in accordance with its circumstances, deduct or revoke its administrative law enforcement documents and advise its departments on the dismissal of law enforcement positions; in serious circumstances, with a significant or loss, the Government's rule of law sector should make recommendations for accountability to the responsible person concerned, to be dealt with by the peer-monitoring authorities; and constitute an offence and to hold criminal responsibility under the law.

Article 47 provides that the administrative law enforcement authorities in urban management exercise their duties in violation of the legitimate rights and interests of citizens, legal persons or other organizations shall be compensated by law.

Chapter VII

The provisions in this approach relating to “5 days”, 7 days” refer to the working day without holidays.

Article 49 is implemented in line with this approach by the application of the urban administration system that is relatively concentrated in administrative penalties.

Article 50 of this approach is implemented effective 1 January 2013. On 15 August 2007, the right to a relatively concentrated administrative punishment for urban management in the city was repealed by the Government of the people of the Turkmen.