Urumqi To Regulate Administrative Discretion In Punishment Approach

Original Language Title: 乌鲁木齐市规范行政处罚自由裁量权办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377305.shtml

Urumqi to regulate administrative discretion in punishment approach

    (June 26, 2012 in Urumqi, the 15th session of the Standing Committee of the people's Government of the 3rd review by people's Government of Urumqi, on July 5, 2012 announced as of August 15, 2012, 116th) first in order to regulate and oversee free judgment for administrative punishment, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article discretion of administrative penalty mentioned in these measures refers to the implementation of administrative punishments sector (including legally authorized or delegated administrative organization for law enforcement) shall enjoy within the competence of administrative punishment of violations if given administrative punishment, what type of administrative punishment and gives permission for the comprehensive judgment for administrative punishment.

    Third, the implementation of administrative punishments, the Department exercised discretion in administrative punishment, and procedures apply.

    Fourth municipal, district (County) Legislative Affairs Agency is responsible for the administrative penalty discretion of standards, guidance and supervision.

    Enforcement of administrative penalty a legal working body in charge of the sector administrative penalty discretion of specification, guidance and supervision.

    The fifth exercise of discretion in administrative punishment shall follow the principles of lawfulness, impartiality, openness, and the punishment fit the, persist in combining punishment with education, no abuse of discretion in administrative punishment.

    The sixth municipal enforcement of administrative penalty shall be in accordance with the law, acts of administrative penalties stipulated in laws and regulations, type, range, combining administrative penalty discretion refinement, quantification, formulation of administrative penalty discretion standard in this sector. The district (County)-level enforcement of administrative penalty according to the needs of administrative penalty discretion standard in this sector.

    Municipal administrative punishment implementation Department has developed standards of discretion of administrative penalty, district (County) level administrative punishment implementation Department reference implementation.

    Seventh administrative penalty discretion criteria should be in law, within the limits prescribed by laws and regulations, according to illegal facts and the nature and seriousness of hazard levels, social factors, such as a clear and specific adjudication order, and that corresponds to each discretionary order to determine standard of administrative punishment.

    Eighth right of free judgment for administrative punishment criteria shall comply with the following provisions:

    (A) the laws, rules and regulations can choose whether to impose administrative penalties, it should be made clear whether to impose administrative penalties on specific criteria and conditions;

    (B) the laws, rules and regulations can choose the types of administrative penalty shall be expressly applicable specific standards and conditions of different types of administrative penalty;

    (C) the laws, rules and regulations can select a range of administrative penalty, should be based on illegal facts and the nature and seriousness of hazard levels, social factors, such as the discretionary orders of specific, concrete, specific standards;

    (D) the offence has no administrative penalty, lighter or mitigated or heavier administrative penalty discretion, shall, in accordance with the statutory requirements set out in specific circumstances, no additional conditions. Nineth on laws, regulations and rules had a certain level of fine, discretion criteria should be subject to administrative penalties in range is divided into a lesser punishment, punishment, heavy punishment in General.

    The amount of the fine in accordance with the following criteria:

    (A) penalty for a certain amount of times, multiples multiples should be at the highest and the lowest was divided between three or more order, punishment in accordance with the order punishment, punishment should be less than the Middle order, a heavier punishment shall not be less than the Middle order;

    (B) penalty for a certain amount of shall be divided between the maximum and minimum three or more order, General punishment in accordance with the order punishment, punishment should be less than the Middle order, a heavier punishment shall not be less than the Middle order;

    (C) only stipulates that the amount of the maximum fine amount no minimum penalty General penalty determined in accordance with 30% to 70% of the maximum fine amount, 30% the following to determine punishment in accordance with the highest penalty, 70% above a heavier punishment in accordance with the highest penalty determined.

    Tenth the implementation of administrative punishments administrative penalty discretion standard established by the Department, shall be announced to the public and reported to the people's Governments at the corresponding level legal filings.

    11th new laws, rules and regulations relating to administrative discretion in punishment, enforcement of administrative penalty shall be laws, regulations or rules identified within 3 months from the date of publication of administrative penalty discretion standard.

    The 12th under any of the following circumstances shall be no administrative penalty according to law:

    (A) the offence under 14 years of age;

    (B) the mentally ill people are unable to recognize or control his actions when illegal acts;

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

    (D) the laws, regulations and rules provides no administrative penalties in other circumstances.

    13th under any of the following circumstances, it should be a lighter or mitigated administrative penalty in accordance with law:

    (A) the illegal person has reached the age of 14 to 18 years of age;

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

    (C) other stress engaged in illegal acts;

    (D) collaboration with meritorious executive authorities investigate violations committed;

    (E) the laws, regulations and rules provide for a lighter or mitigated administrative penalty in other circumstances.

    14th under any of the following circumstances, it shall be given a heavier administrative punishment:

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

    (B) the administrative penalty within a certain period after the recurrence of similar violations;

    (C) after being ordered by the administrative authority to stop or rectify violations, continued implementation of illegal acts;

    (D) serious prejudice to investigate violations committed by law enforcement officials;

    (E) coercion, deception or instigate others to commit illegal acts;

    (Vi) the informant, witness retaliation;

    (G) the offence has a great social harm;

    (H) the laws, regulations and rules shall be given a heavier administrative punishment in other circumstances. 15th lighter or heavier administrative punishment shall be within a statutory type of administrative punishment or penalties.

    Mitigated administrative penalty shall be statutory type of administrative punishment or penalties.

    While has two a or two a above lighter plot, and not has from heavy plot of, should according to minimum administrative punishment range applies punishment; while has two a or two a above from heavy plot, and not has lighter plot of, should according to highest administrative punishment range applies punishment; while has lighter, and from heavy plot of, should integrated consider, according to main plot and the social against degree applies administrative punishment.

    16th the implementation of departmental administrative penalties administrative penalty shall not be any of the following circumstances:

    (A) the fact of the violation, the nature, circumstances, the degree of social danger compared with parties subject to administrative penalties, abnormal light or defects;

    (B) in the same case, the different parties illegal acts and circumstances are the same or almost the same, but the different administrative penalty;

    (C) shall be handled according to the same laws, rules and regulations of different cases, the violations committed by the parties and the circumstances are the same, but the different administrative penalty;

    (D) no administrative penalty according to law, or be given a lighter or mitigated administrative penalty, but abuse administrative penalties or have not been given a lighter or mitigated administrative penalty;

    (E) other cases of abuse of discretion in administrative punishment.

    17th administrative penalty following the end of investigations, administrative law enforcement personnel shall be processed in a timely manner, and the application of administrative penalty discretion standard explanation. 18th general procedures administrative punishment cases, administrative punishment, the enforcement Office of Legislative Affairs should be of administrative penalty legality and rationality to audit and the audit opinion. After approval, materials related to the case and review comments should be reported to administrative penalties Department review, or brainstorm and make a decision of administrative penalty.

    Without examination, shall not be submitted to the review or discussion.

    19th administrative punishment implementation Department make a written decision of administrative penalty, in addition to laws, rules and regulations set forth requirements of matters, should also be on the lighter or mitigated, a heavier administrative punishment the rationale and justification for them.

    20th great administrative penalties administrative penalty enforcement decision shall, from the date of the decision on administrative penalty made on 7th submitted to the people's Governments at the corresponding level in legal filings.

    21st of municipal, district (County) Legislative Affairs Agency you can on the implementation of administrative punishments by departments supervise the exercise of discretion in administrative penalties:

    (A) through the administrative review review of legality and rationality of administrative penalty;

    (B) carry out administrative punishment case comments looks up;

    (C) implement daily supervision and examination or special inspection of discretion of administrative penalty;

    (D) receive complaints from the masses to the administrative punishment cases, reports;

    (E) record review of the major administrative punishment decision implementation;

    (Vi) other methods of supervision stipulated by laws, rules and regulations.

    22nd of municipal, district (County) of legal institutions for enforcement of administrative penalty under the supervision of the exercise of the right of free judgment for administrative punishment includes:

    (A) whether administrative penalty discretion standard and open to the public;

    (B) whether comprehensive illegal facts and the nature and seriousness of harm, social and other factors in the exercise of discretion in administrative penalties;

    (C) compliance with laws, regulations and rules and the standards of administrative penalty discretion no administrative penalty, lighter or mitigated punishment or administrative punishment decision, and described in a written decision of administrative penalty;

    (D) other content that requires supervision according to law.

    Municipal, district (County) Legislative Affairs Agency found that improper exercise of discretion of administrative penalty shall be given to the enforcement of administrative penalty within a time limit submissions, order administrative punishment implementation Department promptly corrected.

    23rd administrative penalty enforcement should annually on the exercise of the right of free judgment for administrative punishment in this sector to evaluate, and based on the assessment results to further improve administrative penalty discretion standard.

    24th of municipal, district (County) Government discretion in regulating administrative punishments should be integrated into the annual administration of the implementation assessment.

    25th on these measures are not in accordance with the exercise of the right of free judgment for administrative punishment by the relevant departments under the State Council regulations on the punishment of civil servants of administrative organs and the Xinjiang Uygur Autonomous Region handled administrative law enforcement supervision measures. 26th article this way come into force August 15, 2012.