Provisions Regulation Of Administrative Penalty Discretion In Jiangxi Province

Original Language Title: 江西省规范行政处罚裁量权规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369213.shtml

Provisions regulation of administrative penalty discretion in Jiangxi province

    (December 26, 2011 Jiangxi Province Government 59th times Executive Conference considered through January 11, 2012 Jiangxi Province Government makes 196th, announced since March 1, 2012 up purposes) first article to specification administrative punishment CD volume behavior, guarantees and supervision administrative punishment implementation organ right exercise administrative punishment CD volume right, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method and the other related provides, combined this province actual, developed this provides.

The second administrative penalty discretion in these rules refers to the implementation of administrative punishments according to law when exercising their administrative punishment, laws, regulations, rules and regulations of the scope and range of autonomy and the right to dispose of. 

    The implementation of administrative punishments in these rules refers to the province has the right to administrative penalties administrative authority authorizes the imposition of administrative penalties and laws and regulations of the organization.

    Article III the implementation of administrative punishments in the province authority exercise of discretion of administrative penalty shall be governed by this provision.

Fourth in the people's Governments above the county level shall strengthen the administrative regulation of administrative penalty discretion in work organization and leadership.

    Standardize the work of administrative penalty discretion, into all levels of people's Governments and the implementation of administrative punishments according to law the administrative assessment.

Fifth rule of law institutions specifically responsible for the Organization, the people's Government above the county level shall direct, coordinate and supervise the administrative penalty discretion within the administrative area.

Higher people's Government departments according to law directs and supervises the corresponding agency of the Government regulation of administrative penalty discretion in implementation of vertical management departments below the provincial standard work supervised by the people's Government at the discretion of administrative penalty.

    Administrative supervisory organs at various levels of administrative penalty discretion in implementation of administrative supervision.

Article sixth standard exercise of discretion of administrative penalty shall comply with the following requirements:

(A) the exercise of discretion of administrative penalty should be given a statutory basis in line with legal procedures;

(B) the exercise of the discretion of administrative penalty shall be based on facts, and facts, nature and seriousness of the violations and the harm;

(C) equal treatment of administrative relative person, facts of the violation, the nature, circumstances and social hazards and other factors are almost the same, or similar, comparable to administrative penalties;

(D) the laws, rules and regulations can choose the types of administrative penalty shall explicitly apply the specific conditions of different types of administrative penalty;

    (E) laws, regulations, rules and regulations can select a range of administrative penalty, according to those involved, subjective intent, the subject of illegal means, harm, authors have the objective conditions, plot Division clear and specific levels.

Seventh under any of the following circumstances, no administrative penalty according to law:

(A) violations of persons under 14 years of age;

(B) the mental patient is unable to recognize or control his own behavior violations;

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

(D) the offence is not discovered within two years, except as otherwise provided by law;

(E) no administrative penalty according to law.

    No administrative penalty referred to in the preceding paragraph, refers to the particular circumstances of certain statutory, the implementation of administrative punishments according to law violations do not impose administrative penalties on the parties.

    Article eighth when given a lighter or mitigated administrative penalty in performance standards, you should consider the following scenario:

    (A) Law-14 years of age under the age of 18;

    (B) coercion, lured by others to implement illegal acts;

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

    (D) supporting administrative law enforcement departments investigated violations has performed meritorious service;

    (E) may be awarded for other lesser punishment.

    Lighter or mitigated administrative penalty referred to in preceding paragraph refers to the implementation of administrative punishments according to the specific circumstances of the violation, the violation may be subject to punishment according to law choose lighter punishment category category, or a choice of types of administrative penalty within the range allowed the lower limit or minimum penalties.

    Nineth when developing performance standards for heavier administrative punishment, you should consider the following scenario:

    (A) conceals, elimination of illegal evidence or other enforcement actions;

    (B) do not scatter, continued illegal acts;

    (C) aggravated illegal, causing serious consequences;

    (D) coercing, enticing or abet others to commit illegal acts;

    (V) play a major role in jointly committed the offence;

    (F) the incorrigible, has carried out illegal acts;

    (G) in cases of public emergency committed offences;

    (VIII) other heavier penalty can be imposed.

    Heavy punishment referred to in the preceding paragraph refers to the implementation of administrative punishments according to the specific circumstances of the violation, several penalties for the violations in the law may be subject to type, select a heavier type of punishment, or a choice of types of administrative penalty within the range allowed higher limits will be punished.

Relevant departments shall, in accordance with the provisions of article tenth province, is responsible for the implementation of the system of laws, rules and regulations within 6 months from the date of implementation, for which administrative penalty provisions of the discretion, develop corresponding to the specific offence of administrative penalty discretion in the implementation of standards, for this system the implementation of administrative punishments to follow.

    Legislative districts and cities to develop local rules and regulations relating to administrative penalty discretion, established by municipal authorities in accordance with the provisions of the preceding paragraph administrative penalty discretion in implementation of the standards.

    11th District of the city and county administrative punishment organ can be based on local conditions and at higher levels of the implementation of administrative punishments to make administrative penalty within the scope of discretion in the implementation of standards, detailed administrative penalty discretion in implementation of the standards.

    12th standard of administrative penalty discretion in accordance with the provisions of the normative document filing methods, Jiangxi province, reported to the administrative authorities for the record at a higher level, and through the Official Gazette of the Government Web site, open to the public.

    13th organ under the implementation of administrative punishments shall be in accordance with the law, changes in legislation, regulations or enforcement situation of administrative penalty discretion amend, Supplement and perfect standard.

    14th administrative penalty organs should develop-awareness training, production of typical cases and other methods, guidance, specification of the system of administrative penalty discretion exercised.

    Legal agencies above the county level people's Government shall assist and guide the implementation of administrative punishments administrative training for law enforcement bodies.

    15th the implementation of administrative punishments administrative punishments discretionary, shall implement the provisions of the relevant laws, regulations, rules advise, hearing, indicating the reason, separation of duties, system of collective discussion and decision.

    16th the implementation of administrative punishments administrative punishments discretionary, should fully hear the statements of the parties, to plead, and record findings of fact and no penalties or lighter punishment, reduce penalties, discretionary factors such as heavier punishment should be in investigation reports and written decision of administrative penalty shall be specified in the.

    17th people's Governments above the county level and their departments should establish standard supervision system of administrative penalty discretion, through administrative reconsideration, administrative punishment case comment on investigation, administrative law enforcement supervision inspection, evaluation, assessment, and handling of complaints against administrative penalties, such as, to regulate supervise discretion of administrative penalty.

18th the citizens, legal persons or other organizations considered that the implementation of administrative punishments violation of the exercise of discretion of administrative penalty, may submit to the people's Government departments and higher administrative punishment complaint organ, reported.

    Receiving complaints and reports of departments to the admissibility of the complaint, reporting should be investigated to verify, in accordance with the terms of reference made in the 30th and will notify the named complainants, informants.

    19th administrative penalty organ found that the exercise of discretion of administrative penalty illegal or inappropriate, and should be proactive and timely redress; the implementation of administrative punishments do not correct themselves, by the organ of the people's Governments at the corresponding level, or the superior administrative punishment according to the relevant laws, regulations, ordered to rectify or revoked.

    Administrative law enforcement personnel in violation of the provisions of article 20th, abuse of discretion of administrative penalty, criticized by host authorities to grant education, post training processing or documents issued by administrative law enforcement organs to recover its administrative law enforcement documents, cancelled its law enforcement qualifications; the circumstances are serious, shall be subject to punishment. 21st article of the regulations come into force on March 1, 2012.