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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384519.shtml

Wuxi power of relatively concentrated administrative punishment measures for urban management

    (December 19, 2012 Wuxi municipal people's Government Executive meeting of the 10th through December 31, 2012, Wuxi municipal people's Government promulgated as of January 1, 2013, 134th) Chapter I General provisions

    First in order to strengthen urban management, improve the efficiency of the administration of the city, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the People's Republic of China on administrative punishment law and related laws, rules and regulations, combined with the city's actual, these measures are formulated.

    Article in context in the city system of relatively centralized administrative punishment right in urban management, these measures shall apply.

    Article referred to in this way relatively centralized administrative punishment right in urban management, refers, in accordance with the People's Republic of China on administrative punishment law and the State Council on further advancing the power of relatively concentrated administrative punishment decision, managed by the city of the relative concentration of law enforcement agencies to exercise the Executive authority all or part of the administrative right of penalty.

    Fourth, urban management, administrative law-enforcement departments are municipal and district people's Government exercise of relatively centralized administrative punishment in urban management departments, in accordance with the permission as provided herein, suppress, investigate and correct violations of city management laws, regulations, rules and other provisions of the Act.

    Urban management of administrative law enforcement departments of the city administration, administrative law enforcement inspection, guidance and supervision.

    City management and administration, law enforcement agencies, municipalities and district municipal and district administrative law enforcement departments of the city administration commissioned, implementation of urban administration within their respective jurisdictions.

    Fifth of municipal, District Public Security Department and city management security agencies are specialized agencies of the city administration of security protection, in charge of policing the city administration, preventing, resolving and handling obstacles of city administration.

    Sixth, urban management, district management committees are coordinating bodies, specifically responsible for the management major cities within their respective jurisdictions to coordinate and guide the work to deal with urban management and occurred in the power of relatively concentrated administrative punishment in major issues.

    City and district government legal departments is relatively centralized administrative punishment right in urban management guidance, coordination and oversight bodies, specifically responsible for the relatively centralized administrative punishment right in urban management in the area of coordination and monitoring.

    The seventh plan, the municipal garden, industry and commerce, environmental protection, public security, construction, real estate, land Department shall, in accordance with their respective responsibilities, in collaboration with the implementation of relatively centralized administrative punishment right in urban management.    

    Eighth city administration departments administrative penalties shall follow the principles of lawfulness, fairness, openness, adhere to the people-oriented, combining enforcement with education, guidance, service, and civilized law enforcement, code enforcement, focusing on harmonization of legal and social effects.

    Nineth urban administrative enforcement requirements should be included in the budget at the same level, protect the city administration departments to perform their duties.

    Chapter II functions and powers

    The tenth municipal and district administration authorities shall exercise the following powers:

    (A) in accordance with the laws, rules and regulations of city appearance and environmental sanitation management provisions, prevent, investigate, redress acts in violation of city appearance and environmental sanitation regulations, torn down by law do not conform to the city appearance standards, sanitation standards in buildings, structures, or facilities;

    (B) urban and rural planning and management in accordance with provisions of law and rules and regulations, prevent, investigate, correct the violation of the provisions of the Town Planning Act, torn down according to law on the urban-rural planning of illegal buildings, structures, or facilities;

    (C) in accordance with the urban green management provisions of law and rules and regulations, prevent, investigate and deal with acts in violation of city regulations, with the city authorities to correct corrupt acts such as greening and facility;

    (D) in accordance with the municipal management laws, regulations, rules of, prevent, investigate and deal with acts in violation of city regulations, with the municipal authorities to correct damage to roads and municipal facilities such as;

    (E) in accordance with the provisions of environmental protection laws, regulations and rules to combat noise pollution, investigate, redress social life, construction noise pollution in densely inhabited areas burning may produce toxic or harmful smoke and odor substances, to urban river channel, water dumping of industrial waste, construction waste, garbage or other wastes;

    (F) in accordance with the industrial and commercial administrative provisions of law and rules and regulations to stop vendors operate illegally without permits, investigate, correct behavior;

    (VII) in accordance with the laws, rules and regulations of public security traffic management rules, suppress, investigate and correct the occupation of urban roads;

    (H) perform other duties stipulated by provincial and municipal people's Governments.

    The 11th article in accordance with the principle of territoriality, urban Administration Department is responsible for the investigation of violations committed within their respective jurisdictions.

    The following violations by the City Administration Department is responsible for investigating, City Administration Department shall cooperate with:

    (A) is not in accordance with construction project planning permit for construction;

    (B) setting operating without authorization of outdoor advertising facilities or commercial promotion of outdoor advertising facilities;

    (C) in other cases assigned by the municipal people's Government.

    City management administrative law-enforcement departments when necessary can investigate and deal with cases of administrative law enforcement departments of the city administration or related administrative law enforcement departments, the City Administration deal with or relating to the transfer of cases to district management of administrative law enforcement investigation.

    Administrative law enforcement departments of the city administration difficult cases within its jurisdiction, considered necessary by the city administration of administrative law enforcement investigation, it may ask the city management administrative law enforcement departments investigated and dealt with.

    The 12th State, province, city, urban management, administrative law-enforcement departments adjustments to the power of relatively concentrated administrative punishment, in accordance with the adjusted permissions to perform.

    13th city of administrative law enforcement in dealing with offences, in accordance with provisions of law and rules and regulations, to adopt the following measures:

    (A) enter into the inspected unit or field investigations, inspections, and suppression of offences;

    (B) the survey asked relevant units and individuals, making inquiry record; (c) using photographic, audio, video, and other means, obtain the relevant evidentiary material and (iv) access to materials, provide access to or copies of the relevant evidence, (e) sampling evidence or take evidence registered for keeping measures;

    (Vi) for violations involving the instruments, objects, documents, as well as buildings and structures according to be sealed up or seized;

    (VII) other measures stipulated by laws, rules and regulations.

    14th of illegal buildings, structures or facilities under construction, City Administration Department shall make an announcement shall be ordered to immediately stop construction, within the law-to remove, removal of refused to stop building it or not, administrative law-enforcement departments should be forced by law to pull down the city administration.

    15th after a relatively centralized administrative punishment right, the Department concerned shall not be exercised by the city administration administrative law-enforcement departments of administrative punishment right; still, the administrative decision is invalid.

    Chapter III-enforcement regulations 16th administrative law enforcement departments should develop city management administrative enforcement, administrative penalty discretion in administrative enforcement procedures and applicable codes.

    City, municipal and district administration departments and the city administration of administrative law enforcement agencies should be duties, procedures, results and discretion applicable code in its office space and website publicity.

    17th urban management administrative law enforcement departments should establish and improve the mechanism for routine inspections, detect, suppress, investigate and correct the acts in violation of laws, rules and regulations of the city administration. 18th city administration departments should establish and improve the system of complaints, reporting, report to the public complaints, contact.

    The registration of complaints, reporting should be, and verify in a timely manner. City Administration Department whistleblower complaints, should be kept clear whistleblower complaints, shall from the date of acceptance of the 30th will result in written feedback complaints, whistleblower; complex, approved by the head of this body, may extend processing time limit, but the extension period shall not exceed 30th.

    Otherwise provided by laws and regulations, from its provisions.

    19th city administration the Chief law enforcement officer in the execution of their duties, shall be not less than two people should be uniform, wearing a sign of law enforcement; documents produced to the party or person concerned administrative enforcement; using a unified administrative enforcement instruments made the decision on administrative penalty should be clear facts and evidence, there is a statutory basis and in accordance with the statutory procedures. 20th city management and administration, law enforcement agencies investigating offences, for the purpose should be to correct the violations.

    The law a minor, harmless, should first be education, shall be ordered to correct violations; violations of people active, positive and correct violations, or report discovered violations has performed meritorious service of others, should be given a lighter or mitigated punishment or be exempted from punishment.

    21st according to law in administrative law-enforcement departments in the urban management enforcement seizure, seizure of property or the evidence registered for keeping shall be issued to a client list; the easy items, perishable goods or validity is about to expire, after evidence at auction, sell or take other measures for proper disposal.

    22nd city in administrative law enforcement law enforcement process in connection with the site, facility or property sealed up, distrained; but not on individual citizens and their dependant family necessities of sealing up, distraining; decides to implement the attachment, arrest, shall make and deliver written decision on sealing up, distraining and inventories. Sealing up, distraining may not exceed the 30th; complex, approved by the head of administration of the city, you can extend the 30th.

    Except as otherwise provided by laws and regulations.

    Decision to extend the sealing up, distraining shall promptly inform the parties in writing, giving reasons.

    23rd made demands that all parties fulfil the urban Administration Department remove, restitution and other obligations of the administrative decision, the party fails to perform, the notice would not comply, the consequences have been, or will be endangering traffic safety, environmental pollution or destruction of natural resources, the city administration departments to fulfil, or entrust a third party with no interest to fulfil.

    Require immediate removal of impurity of roads, public places, obstructions or contamination, the parties cannot be cleared, city administrative law enforcement departments may decide to immediately fulfil; without the presence of the parties, the city immediately afterwards, the Administration Department shall notify the parties and dealt with according to law. Performance fee determined in accordance with reasonable cost, borne by the parties.    

    However, except as otherwise provided by law.

    24th when violation of administrative law enforcement in dealing with the city administration building, and difficult to verify or the parties refused to cooperate with the parties, civil procedure law, liens can be used service of the service or the site to post, and the use of photographic and video record served on process, the service shall be considered.

    25th city administration and law enforcement officers are permitted to charge instead of a fine or fine, fee or other hidden costs, laissez-faire policy or protection violation in disguised form.

    Article 26th city administrative law enforcement personnel shall not commit any of the following acts:

    (A) the violation of personal rights or other legitimate rights of the parties;

    (B) requesting or accepting a party property, hospitality, entertainment, etc;

    (C) changing the types of administrative penalty, without authorization;

    (D) not in accordance with the regulations on complaints, reports or divulge whistleblower complaints, the situation;

    (V) interception, privately divide or disguised dividing up fines and confiscation of property;

    (F) violations of statutory procedures for the implementation of administrative punishment and administrative compulsory measures or administrative penalties obviously unfair;

    (VII) the offences falling within the scope of administrative law enforcement responsibility does not stop, investigate, redress;

    (H) engages in, dereliction of duty, abuse;

    (I) without statutory basis to collect fines on the spot;

    (J) not from the parties in accordance with the regulations issued by the Department of Finance issued ticket;

    (11) other violations.

    27th city administration administrative law enforcement personnel shall have one of the following should be avoided:

    (A) is this case litigant or is litigant's close relative;

    (B) or any of his close relatives and have a stake in this case;

    (C) served as a witness in this case, the appraiser;

    (D) other relationships with the parties to the case, could affect the impartial handling of the case.

    Party that the City Administration Chief Executive officers of any of the above circumstances, administrative punishment decision, before applying for the withdrawal. City Administration of withdrawal by administrative law-enforcement departments in charge of the city administration decided to which it belongs.

    Prior to the decision made, law enforcement officers do not stop investigations.

    Fourth chapter law enforcement cooperation

    28th City Administration Department and the planning, construction, land, municipal gardens, residential housing, Commerce, industry, environmental protection, public security and other departments, should establish and implement administrative, administrative law enforcement information-sharing and coordination mechanisms. 29th of municipal or district administrative authorities associated with the power of relatively concentrated administrative punishment decision, shall make a decision within the 5th, will be copied to the city administration of Licensing Department.

    However, the administrative licensing decision has been published in the Government Web site, you can no longer copy. 30th city administration in law enforcement, to sanction violations of the licensee shall, from the date of the decision on administrative penalty made on 15th, will make the license cc decision of administrative penalty decisions of administrative authorities.    

    However, the decision has been published on the website of the Government, you can no longer copy. 31st City Administration Department administrates the illegal construction and other acts in violation of city regulations, requires authorities to suspend the relevant formalities, shall notify the relevant authorities. Suspending the relevant formalities written notice shall include the period of suspension.

    Period of suspension shall not exceed 90 days.

    32nd authorities found by the city administration of administrative law enforcement departments investigated and dealt with according to law violation, shall be informed in a timely manner or transferred to the City Administration Department; city administrative law enforcement departments should be registered, processed in a timely manner, requires the authorities, shall cooperate with the relevant departments. Article 33rd in the course of administrative law enforcement in urban management enforcement needs determination is made by the departments concerned, the departments concerned should receive a notice found within 7th day of writing found and sent to the administrative law enforcement departments of the city.

    Complex, you can extend the identified term, but shall not exceed 15th. Town administrative law enforcement departments to make the decision on administrative penalty shall, from the date of the decision on administrative penalty made on 15th, CC, made the identification of the administrative decision of administrative penalty authority.

    However, the decision has been published on the website of the Government, you can no longer copy. 34th city management and administration, law enforcement agencies to investigate and deal with violations of municipal public, environmental protection, urban greening and other regulations when, occupation such as restitution or compensation for damage, shall notify the relevant department within 24 hours.

    After receipt of the notice, and shall timely dispatched officers to arrive at the scene with law enforcement, and make a written decision on restitution or compensation in the 15th, with a copy to the city administration administrative law enforcement departments.

    City Administration administrative law enforcement departments should assist related departments to implement restitution or compensation decisions. The 35th in the course of administrative law enforcement in urban management enforcement violations found by other law enforcement departments investigated and dealt with according to law, shall be informed in a timely manner or transferred to the relevant law enforcement agency, the law enforcement authorities shall, from the date of the decision on administrative penalty made on 15th, administrative law-enforcement departments of administrative punishment decision CC city management.

    However, the decision has been published on the website of the Government, you can no longer copy.

    36th public security administrative law enforcement law enforcement departments should closely cooperate with the city administration, hindering urban administration personnel perform their duties according to law, should be dealt with according to law in a timely manner.

    Public Security Department security agencies should be with the city administration of urban management enforcement by law enforcement agencies, maintaining law and order.

    Fifth chapter law enforcement and supervision

    37th supervisory departments, legal work of the Government departments should strengthen the relatively centralized administrative punishment right in urban management supervision and inspection of the implementation, acceptance, handling administrative complaints in a timely manner.

    38th article Government legality Department found the city administration and law enforcement personnel who violate the norms of law enforcement as provided herein, shall make a timely written decision of administrative law enforcement supervision, push its deadline to correct.

    39th legal work of the Government departments found the city administration departments and related departments in violation of these regulations relevant provisions of law enforcement cooperation, shall make a timely notice of administrative law enforcement supervision, push its deadline to fulfil.

    40th urban Administration Department in the course of law enforcement, illegal use has been found related Department power of relatively concentrated administrative punishment, or not to assist, can direct the Department to correct it, can also be brought to the same level legal work of the Government departments in accordance with these measures to urge the Department to remedy the situation.

    Relevant departments in the course of administration, found the city administration violation of administrative law enforcement authority, or not to assist, you can directly request administrative law-enforcement departments to rectify the city administration, can also draw attention to the legal work of the Government at the same level according to the way to urge them to be corrected.

    41st City Administration Department shall establish an internal oversight system, strengthen supervision and administration of administrative law-enforcement and law-enforcement officials, illegal exercise of administrative law-enforcement agencies, law enforcement officials and other relevant persons shall be promptly disposed of. 42nd city management administrative law enforcement departments should strengthen supervision and inspection of urban administration, finds should be filed is not filing a case, filed without, improper judgment, lack of enforcement procedures are not standardized, evidence, should be urged to correct in a timely manner.

    If necessary, can make the city administration supervision proposals or written decision of administrative law enforcement supervision of urban governance, period correct.

    Area significantly to the Administration Department shall from the date of the decision on administrative penalty in the 15th, to the legal work of the Government departments, urban management, and administrative law-enforcement departments to submit for the record.

    43rd citizens, legal persons or other organizations find the city administration and law enforcement of illicit exercise of authority has the right to monitor, the legal work of the Government sector report, Sue, receiving the report, departments shall promptly verify the handling of the complaint.

    44th citizens, legal persons or other organizations considered that administrative law enforcement departments of the city administration violations of their legitimate rights and interests of a specific administrative act, may apply for administrative reconsideration or bring an administrative suit.

    The sixth chapter legal liability

    45th city administration or related sectors, did not carry out coordination responsibilities in accordance with these measures have a greater impact, or refusal to implement the legal work of the Government departments administrative law enforcement supervision decisions and notices of administrative law enforcement supervision, legal work of the Government departments can be presented to the responsible personnel accountability recommendations dealt with by the supervision departments at the same level.

    46th article city management administrative law enforcement sector or related sector of law enforcement personnel has violation this approach provides behavior of, government legal work sector can according to its plot weight, temporarily buckle or revoked its administrative law enforcement documents, and to its where sector proposed out law enforcement post of views; plot serious, caused major effect or loss of, government legal work sector should proposed on related responsibility personnel held responsibility of recommends, by sibling monitored sector processing; constitute crime of, law held its criminal.

    47th city administration administrative law enforcement department illegal exercise of authority, violations of the legitimate rights and interests of citizens, legal persons or other organizations for damage caused should be compensated according to law.

    The seventh chapter by-laws

    48th article of the way "in the 5th", "7th" requirement refers to working days, excluding holidays.

    49th, Jiangyin, Yixing city management power of relatively concentrated administrative punishment system, in accordance with the measures implemented. 50th these measures come into force on January 1, 2013. August 15, 2007, Wuxi city administration promulgated by the Wuxi municipal people's Government abrogated power of relatively concentrated administrative punishment methods.