Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Regulation of administrative penalties in the provinces of Yangi

(The 59th Standing Committee of the People's Government of the Province of Jangi, 26 December 2011, considered the adoption of the Decree No. 196 of 11 January 2012 on the People's Government Order No. 196 of 11 January 2012.

Article 1, in order to regulate administrative penalties, guarantees and monitor the right exercise of administrative penalties by the executive organs, protects the legitimate rights and interests of citizens, legal persons and other organizations, and develops this provision in the light of the National People's Republic of China Administrative Punishment Act and other relevant provisions.

Article 2, paragraph 2, states the discretionary nature of administrative penalties, which means the right to self-determination and disposal enjoyed by the executive organs when exercising their administrative penalties under the law.

The administrative penalties imposed under this provision refer to organizations that have administrative and legal, legislative and regulatory authority over administrative sanctions in the province.

Article 3. The executive penalties in this province shall exercise administrative penalties discretion.

Article IV. Governments of more people at the district level should strengthen the organizational leadership of normative administrative sanctions in the current administration area.

Structuralization of administrative penalties is included in the administrative examination of the content of the executive branch at all levels of the people's government and administrative penalties.

Article 5

The departments of the Government of the High-level People are governed by the law and under the supervision of the Government of the People at the same level by regulating administrative penalties, which are governed by the same Government.

Administrative inspections are carried out by administrative inspection bodies at all levels, in accordance with the law, on the exercise of administrative penalties.

Article 6 regulates the exercise of administrative penalties as follows:

(i) The exercise of the discretion to impose administrative penalties should be based on a legal basis and in accordance with the statutory procedures;

(ii) The exercise of administrative sanctions discretion should be based on the facts, nature, circumstances and the level of social harm;

(iii) Equal treatment of the relative to the administration of justice, the fact, nature, circumstances and the extent of social harm are fundamental or similar to the provision of essential administrative penalties;

(iv) Legal, regulatory and regulatory provisions that may choose the type of administrative sanctions, and specific conditions for different types of administrative sanctions should be clearly applied;

(v) Legal, regulatory and regulatory provisions may choose the range of administrative penalties, which shall be clearly defined and specific at different levels, in accordance with the circumstances of the subject matter, subjective, unlawful means, the extent of social harm, the objective conditions available to the perpetrator.

Article 7.

(i) The offender is under the age of 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 was not found within two years, except as otherwise provided by the law;

(v) Other penalties are not punishable by law.

The exclusion of administrative penalties referred to in the previous paragraph means that, in certain statutory circumstances, the administrative penalties imposed by law do not impose administrative penalties on the parties.

Article 8 establishes the criteria for the implementation of administrative penalties for light or mitigation, with the following considerations:

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

(iv) Coherence with the administrative law enforcement authorities to investigate violations;

(v) Other penalties may be granted.

The preceding paragraph refers to the specific circumstances in which the administrative penalties are imposed by the executive organs, which may be subject to the law, to a lesser type of punishment, or to a lesser limitation or minimum punishment within a range permitted by administrative penalties.

Article 9 establishes the criteria for the execution of administrative penalties, and shall consider the following:

(i) To conceal, destroy evidence of violations or other impediments to law enforcement;

(ii) To refrain from discouraging and continuing to commit violations;

(iii) Indifference of the law and grave consequences;

(iv) Coercion, inducement and instigation of the commission of an offence;

(v) The main role of co-implementation of the offence;

(vi) Resistance and multiple violations committed;

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

(viii) Other penalties may be imposed.

The preceding paragraph refers to the specific circumstances in which the administrative penalties are imposed, which may be subject to the law, select a more serious type of punishment or, within a range of penalties permitted by an administrative sanction.

Article 10. The relevant departments of the Government of the province shall, in accordance with this provision, establish administrative penalties that are appropriate to specific offences, within six months of the date on which the system is responsible for the implementation of the laws, regulations, regulations and regulations.

Local legislation, regulations, regulations relating to administrative penalties have been established in the municipalities with legislative power, and the relevant sectors of the commune government have established administrative sanctions enforcement standards in accordance with the preceding paragraph.

Article 11. The municipal, district-level administrative sanctions enforcement authorities may, in accordance with local circumstances, dedicate administrative penalties to the implementation standards established by the executive penalties enforcement agencies at the superior level.

Article 12 Execution standards for administrative penalties should be reported on top-level administrative bodies in accordance with the provisions of the Maangsi Normal Documents Reparations and made public to society through Government websites, government bulletins.

Article 13 Administrative penalties should be amended, supplemented and improved by administrative sanctions enforcement standards, in accordance with the legal, regulatory, regulatory changes or the actual situation of law enforcement.

Article 14. The executive organs shall guide, regulate the exercise of the discretion of the system for administrative penalties through a variety of means such as advocacy training and the production of typical cases.

The rule of law institutions at the district level should assist and guide administrative sanctions enforcement operations training.

Article 15. When administrative penalties are exercised by the executive organs in the exercise of their administrative penalties, the authorities should implement the relevant legal, regulatory, regulatory and regulatory notification, hearings, justifications, separation of duties, and collective discussion decisions.

Article 16, when administrative penalties are exercised by the executive organs in the exercise of their administrative penalties, should be fully heard by the parties, heard and recorded in the case; the facts identified and the disciplinary factors such as penalties, penalties, penalties for relief, and penalties, should be explained in the case investigation reports and administrative sanctions decisions.

Article 17 Governments and their respective departments should establish a monitoring system for sound normative administrative penalties, supervision of administrative penalties, including through administrative review, administrative sanctions review, administrative law enforcement inspection, evaluation and the handling of complaints of administrative sanctions.

Article 18 Civil, legal or other organizations consider that administrative penalties are carried out in violation of the discretion to impose administrative penalties, may lodge complaints, report to the relevant branches of the Government and the executive organs of the superior.

Complaints received, reports should be investigated and processed within 30 days of competence and communicated in writing to the author, the reporting person.

Article 19 of the administrative penalties enforcement body has found that the exercise of administrative penalties is incompatible with or inappropriate and should be remedied in a prompt and timely manner; administrative penalties are not corrected by the executive branch, which is corrected or withdrawn by the Government of the people at this level or by the executive branch of the superior administration.

Article 20 violates this provision by administrative law enforcement officials, abuse of administrative penalties, treatment by the competent organs of criticization, induction training, or by the administrative law enforcement documents' nuclear issuance to recover their administrative law enforcement documents and remove their law enforcement qualifications; and, in serious circumstances, by law.

Article 21, paragraph 1.