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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

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Liberalization of administrative penalties in Uruhzi

(Adopted by Decree No. 116 of 5 July 2012 by the Government of the Hurrazi city of Ulakazi on 26 June 2012)

Article 1, in order to regulate and monitor the discretionary conduct of administrative sanctions, preserve the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in the light of the relevant legislation such as the National People's Republic of China Administrative Punishment Act.

Article II of this approach refers to the discretionary power of administrative penalties, which are prescribed by law or by the administrative enforcement organization entrusted, within the scope of administrative penalties granted under the law, whether the offence is punishable by administrative penalties, the administrative penalties granted, and the degree of administrative penalties granted.

Article 3

Article IV regulates, guides and oversees the exercise of the right to administrative sanctions by the State's rule of law institutions.

The executive body responsible for the regulation, guidance and supervision of the discretionary power of administrative sanctions in this sector.

Article 5 exercises the discretion to impose administrative sanctions, which should be guided by the principles of legality, impartiality, openness and impunity, uphold the combination of penalties and education, and refrain from abuse of the discretionary power of administrative sanctions.

Article 6. The executive branch of the municipal level shall, in line with the laws, regulations and regulations, regulate administrative penalties, types, scales, and, in practice, regulate the discretionary nature of administrative sanctions.

The executive branch of the district (zone) can establish a standard of discretion for administrative sanctions in this sector, as required. The municipal administrative penalties enforcement sector has established a standard of discretion for administrative sanctions, with reference to the implementation of the administrative penalties at the district (zone) level.

Article 7.

Article 8 establishes the criteria for discretionary discretion for administrative penalties that shall be subject to the following provisions:

(i) Legal, regulatory and regulatory provisions may choose whether administrative sanctions are granted and whether specific standards and conditions for administrative sanctions should be clearly defined;

(ii) Legal, regulatory and regulatory provisions that may choose the type of administrative sanctions and should clearly apply specific standards and conditions for different types of administrative sanctions;

(iii) Legal, regulatory and regulatory provisions that may choose the range of administrative penalties should be defined in accordance with the facts, nature, circumstances, and the extent of social hazards, in order to define specific criteria;

(iv) In cases where the offence is not subject to administrative penalties, lighting, mitigating or rejudicating the discretionary nature of administrative sanctions, the conditions should not be added in accordance with the statutory conditions.

Article 9 imposes penalties on the law, regulations and regulations, and the standard of discretion for administrative sanctions should be based on penalties, general penalties, and penalties. The amount of the fine is determined in accordance with the following criteria:

(i) A fine of up to a certain amount shall be divided by more than three times between the maximum number and the minimum number, and general penalties shall be imposed on the basis of intermediation penalties, which shall be less than the intermediate sentence and shall not be punished by a heavy penalty;

(ii) A fine of up to three levels shall be divided between the maximum and the minimum levels, and general penalties shall be punished at the intermediate level, with minor penalties should be less than the intermediate level, with heavy penalties not less than the intermediate level;

(iii) The amount of the maximum fine does not provide for a minimum amount of fine, and the general penalties are determined by 30 to 70 per cent of the maximum amount of the fine, as determined by the penalties of up to 30 per cent of the maximum amount of the fine.

Article 10

The new laws, regulations and regulations enacted in article 11 relate to the discretionary discretion of administrative sanctions, and the administrative penalties are subject to a standard of discretion for administrative punishment within three months from the date of publication of laws, regulations and regulations.

Article 12 states that:

(i) The offender is under the age of 14 years;

(ii) Psychiatrics who fail to identify or control their acts;

(iii) A minor offence and a prompt remedy, without causing the consequences;

(iv) Other circumstances in which administrative penalties are not imposed by law, regulations and regulations.

Article 13 states that:

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

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

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

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

(v) Other circumstances in which administrative sanctions are imposed by laws, regulations and regulations.

Article 14.

(i) The primary role of common offences;

(ii) Recurring the same type of offence within a period of time after administrative sanctions;

(iii) The commission of an offence continues after an administrative order ceases or calls for corrective action;

(iv) Seriously hamper the investigation of violations by law enforcement officials;

(v) Coercion, solicitation or instigation of the commission of an offence;

(vi) Counter reprisals against reportingers and witnesses;

(vii) The offence is of a greater social hazard;

(viii) Other cases of severe administrative penalties are provided for in laws, regulations and regulations.

Article 15 shall be punished by the type of administrative penalties or by the extent to which they are imposed. Reducing administrative penalties shall be punished by the type of administrative penalties or by the extent of the penalties imposed.

At the same time, there are two or more minor circumstances and in no circumstances, the penalties should be applied in accordance with the minimum range of administrative penalties; there are two or more aggravating circumstances, and should be punished in accordance with the maximum administrative penalties; and, at the same time, with light and repetitive circumstances, administrative sanctions should be applied in the light of the main circumstances and the extent of social hazards.

Article 16 imposes administrative penalties on the executive branch, without the following:

(i) The facts, nature, circumstances, and the extent of social harm are distorted or distorted as compared to the administrative penalties imposed by the parties;

(ii) In the same case, the offences and circumstances of the different parties are identical or fundamental, but the administrative penalties imposed are different;

(iii) In different cases under the same law, regulations and regulations, the offences and circumstances of the parties are the same, but the administrative penalties are different;

(iv) In accordance with the law, administrative sanctions should not be imposed or should be reduced by reason of administrative penalties, but the abuse of administrative penalties or the lack of administrative penalties;

(v) Other abuses of the discretionary nature of administrative sanctions.

Following the completion of administrative penalties investigations, administrative law enforcement officials should submit their views in a timely manner and provide clarification on the applicable standards of discretion for administrative sanctions.

Article 18, Administrative penalties applicable to the general process, and the executive body responsible for the enforcement of the rule of law in the sector should review and provide advice on the legitimacy, reasonableness of administrative penalties. After the review, the relevant material of the case and the review of the executive heads' review or collective discussions and administrative sanctions decisions should be taken. No review or discussion shall be submitted without clearance.

Article 19

Article 20 Major administrative penalties decisions taken by the administrative penalties enforcement branch shall be submitted within 7 days of the date of the administrative penalties decision.

Article 21

(i) Review of the legitimacy and legitimacy of administrative sanctions through administrative review;

(ii) A review of administrative penalties cases;

(iii) Exemptive inspection of the right to regular supervision or discretion for administrative sanctions;

(iv) To receive complaints and reports from the public on administrative sanctions cases;

(v) Implementation review of major administrative penalties;

(vi) Other methods of oversight under laws, regulations and regulations.

Article 22: Monitoring of the exercise of the right to administrative punishment by the State's rule of law institutions in the municipalities, districts (beginals) government, including:

(i) Whether the criteria for determining the discretion for administrative sanctions are developed and made public to society;

(ii) The exercise of the right to discretion for administrative sanctions in cases of violations, nature, circumstances and extent of social harm;

(iii) In accordance with the law, regulations, regulations and the rules of discretion for administrative sanctions in this sector, the decision not to impose administrative penalties, light, mitigation or re-executive administrative penalties, and in the letter of administrative penalties;

(iv) Other areas requiring oversight under the law.

The Government's rule of law institutions in the city, district (the district) have found that the discretionary exercise of administrative sanctions should be inappropriate, and the administrative punishment enforcement authorities should be given a deadline for restatement of their opinions, and the administrative penalties are promptly corrected.

Article 23. The executive punishment enforcement branch shall assess annually the exercise of the discretionary power of administrative sanctions in this sector and further improve the standard of discretion for administrative sanctions in accordance with the assessment.

Article 24, the Government of the people of the city, district (the district) should incorporate the application of the discretionary authority to regulate administrative sanctions into the annual legal administrative appraisal.

Article 25 does not exercise discretion in the exercise of administrative sanctions in accordance with this approach, which is dealt with by the relevant departments in accordance with the State Department's Regulations on the Civil Service Disposal of Administrative Institutions and the Administrative Enforcement Monitoring of the Forces nouvelles.

Article 26