(Adopted by the Government of the Grand Province at its 116th ordinary meeting, held on 25 October 2012, No. 94 of 30 October 2012 No. 94 of the Order of the People's Government of the Province of Gangong Province, which came into force on 1 January 2013)

Article 1, in order to regulate the exercise of the right to liberty of administrative punishment, ensure that the legitimate rights and interests of citizens, legal persons and other organizations are upheld in accordance with the National People's Republic of China Act on Administrative Punishment, the Southern Province Regulation and other relevant provisions, and that this provision is formulated in the light of the actual provisions of this province.

Article 2. This provision applies to the norms and supervision of the executive organs within the province to exercise discretion in the exercise of administrative sanctions.

Article 3 states that administrative penalties are imposed by the executive organs and laws, regulations and regulations that have administrative penalties.

This provision refers to the discretionary discretion of the administrative penalties imposed by the executive organs, within the scope of their legal, legislative, regulatory and regulatory jurisdiction, to decide whether the conduct of citizens, legal persons or other organizations in violation of the administrative order shall be granted administrative penalties, the administrative penalties granted and the degree of administrative penalties granted.

Article IV. The exercise of the discretion of administrative penalties by the executive organs shall be subject to the following principles:

(i) The principle of legality. The exercise of the discretionary power of administrative sanctions should be based on laws, regulations and regulations. exercised within the scope of statutory competence, type and scope. The hierarchy of administrative penalties shall not exceed the statutory level.

(ii) A reasonable principle. The exercise of the right to liberty of administrative punishment should be based on facts and in conformity with legal purposes and exclude interference with non-relevant factors. The applicable legal basis and the type of punishment should be the same as the range of offences for violations, nature, circumstances and social hazards. Measures and instruments applicable should be necessary and appropriate. Administrative law enforcement agencies can take a variety of ways to achieve administrative purposes and should, to the extent possible, adopt a smaller way of loss or loss for the relative administration.

(iii) The principle of openness. The basis for the exercise of the discretionary power of administrative sanctions, the grounds, the applicable rules, the criteria for the determination and the results should be made public. The exercise of the discretionary power to impose administrative sanctions should take note of the relative opinion of the administration, which guarantees the right to be informed, participatory and relief, in accordance with the law.

(iv) The principle of a combination of penalties and education. The exercise of the right to administrative punishment should be based on pre-emptive, pre-emptive punishment, the combination of punishment and education, the education of citizens, legal persons or other organizations.

Article 5 Governments and their law enforcement authorities should establish rules applicable to the exercise of the right to administrative sanctions in accordance with the basic principles of law, legislation and administrative law enforcement.

The applicable rules should include the basic principles governing the exercise of the discretion to impose administrative penalties, the scope of application, the procedures applicable, the safeguards mechanism and the institutional arrangements for setting the parameters of the discretion.

Article 6 regulates the discretionary application of the administrative sanctions regime.

Administrative penalties should be imposed by administrative organs in order to ensure that penalties are adapted to the facts, nature, circumstances and social hazards of the offence, in accordance with the principle of proportionality of penalties.

Article 7. The executive organs of the provincial administration shall, in the light of the extent, type and scope of administrative sanctions provided for in the laws, regulations, regulations, and regulations, and, in practice, take into account, in accordance with this provision, the legal considerations and the discretionary considerations, specify the hierarchy, specific criteria and conditions of application of the discretionary nature of administrative sanctions as the basis for the exercise of the discretion to impose administrative sanctions.

The Government of the more people at the district level and its law enforcement authorities may, in practice, be based on the benchmarks for administrative sanctions imposed by provincial administrations.

Article 8 establishes a baseline for the exercise of the discretionary application of the right to administrative punishment and the development, modification or abolition of the discretion for administrative sanctions, which should be presented by the executive branch in a collective discussion of decisions, publicizing the society and in accordance with the procedures established in the management of normative documents.

Organizations entrusted with the execution of administrative penalties have been established, changed and repealed by the executive branch.

Article 9. The executive organs shall supplement, revise or improve the baseline system for administrative sanctions in this sector in a timely manner, in accordance with the legal, legislative, regulatory and regulatory changes or the actual situation of law enforcement. Supplementary, revised or refined texts should be re-published in a timely manner.

Article 10. The parties have one of the following cases and are not subject to administrative penalties by law:

(i) The age of the offender is under 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 penalties are not punishable by law.

Article 11 states that:

(i) The offender has attained the age of 14 years and 18 years;

(ii) Servicing and inducing the commission of an offence by another person;

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

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

(v) Coordinate with the administrative law enforcement authorities to detect violations;

(vi) Other penalties should be reduced by law.

Article 12 states that:

(i) To conceal and destroy evidence;

(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) Contrary to the adverse consequences of such hazards as physical security, property security, public safety, social stability, environmental protection, economic order;

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

(vi) The primary role of co-execution of offences;

(vii) Several violations committed and teachings are repeated;

(viii) The commission of an offence in the event of a sudden public incident;

(ix) Counter retaliation against the reportingers and witnesses;

(x) Other penalties should be imposed by law.

Article 13. The decision of the executive organs to make decisions that are not, lightly, mitigated or re-executed administrative penalties shall be justified in the record of the discussion and the administrative sanctions decision. It will also be heard from the parties, and the situation in the defence is recorded.

Article 14. The Government of the above-mentioned population and its rule of law enforcement agencies, administrative sanctions enforcement agencies shall monitor the exercise of the discretion to regulate administrative sanctions, in accordance with the relevant provisions of the Gang Province Administrative Enforcement Monitoring Regulations, through administrative law enforcement oversight inspections, administrative law enforcement accountability review, normative documentation review, administrative law enforcement review, administrative law enforcement review, administrative law enforcement reporting complaints, administrative review and administrative review.

Article 15. The Government of the people at the district level and its rule of law enforcement agencies, administrative sanctions enforcement agencies should incorporate the discretionary exercise of normative administrative sanctions into the scope of administrative law enforcement accountability for the evaluation of the responsibilities of nuclear and administrative law enforcement.

Article 16 imposes a decision by the executive organs to decide on administrative penalties for the application of the hearing procedure or to determine, in the case of article 12 of this provision, administrative penalties shall be taken in collective discussions by the executive branch and, within 30 days of the decision, the sanction decision and the material of the principal evidence shall be sent to the competent body of the Government's rule of law.

Article 17 Administrative penalties are not strictly enforced by the executive law enforcement agencies, which misuse the discretionary power of administrative penalties, and the authorities of the more than the population at the district level and their rule of law, the executive sanctions enforcement organs, in accordance with the relevant provisions of the Gangong province's Administrative Law Enforcement Supervision Regulations, have made a reminder that the period of time is to be responsibly, temporarily deducted or recovered the law enforcement documents, is severely punishable by the relevant authorities in accordance with the relevant provisions of the responsibilities of the administrative error in the province of Gang Province.

Article 18