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Zhejiang Provincial Cultural Market Administrative Law Enforcement Integrated Management Approaches 2011 (Revised)

Original Language Title: 浙江省文化市场综合行政执法管理办法(2011年修正本)

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Integrated administrative enforcement management approach to the cultural market in the province of Zangan (amended in 2011)

(Application No. 253 of 23 October 2008 of the People's Government Order No. 253 of 23 October 2008, in accordance with the Decision No. 289 of 31 December 2011 of the People's Government Order No. 289 of 31 December 2011, concerning the revision of the 14 regulations relating to the urban road management approach in the province of Zang River province)

Article 1, in order to strengthen cultural market management, regulate integrated administrative law enforcement in cultural markets, protect the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in accordance with the National People's Republic of China Act on Administrative Punishment and relevant laws, regulations and regulations.

Article II of this approach refers to administrative law enforcement activities carried out by the Integrated Administration of Cultural Markets (hereinafter referred to as integrated law enforcement agencies) by means of commissioning, the Ministry of Public Information of Cultural Broadcasts (the city, district, district) and the Public Information Administration (hereinafter referred to as the commissioning authority) in the public market.

The requirements of integrated law enforcement agencies are included in the same financial budget.

Article 3 Integrated administrative enforcement in the cultural market should be guided by legitimate, impartial and public principles, adhere to justice, civilization law enforcement and social oversight.

Article IV covers the scope of integrated administrative enforcement in the cultural market:

(i) Business performance, operation of audio-visual products, operation of recreational sites, operation of art works, film distribution, screening, operation of Internet-based service premises, social artistic level, protection of non-material cultural heritage, preservation of the property and operation;

(ii) Broadcast production, operation and delivery, construction, protection and safe transmission of radio television facilities, installation, installation and use of satellite-based television broadcasting ground-based reception facilities, Internet audio-visual programming services, and public audio-visual broadcasts of audio-visual programming services;

(iii) The publication, printing (reproduction), distribution, import and export operation of publications, the right to work (right copyright) to protect, packaging of babies and other printed printing;

(iv) Other cultural market activities under laws, regulations and regulations.

Article 5 entrusts the organ with the commission of administrative enforcement by the integrated law enforcement agencies and shall, in accordance with the law, identify specific matters of commission, competence and entrust the documentation, on the basis of which such material is delivered to the Government of the current people and to the top-level cultural broadcast television news administration.

Article 6. Integrated law enforcement agencies should establish sound administrative law enforcement-related systems to carry out their duties in accordance with the law within the delegated authority and receive oversight by the delegated authority.

Integrated law enforcement agencies should establish a system of complaints, reporting, publication of complaints, telephones, and prompt admissibility and investigation of violations of complaints, reporting cultural market activities.

Article 7. Authorization and superior operational authorities should strengthen training in the political doctrine and operational knowledge of law enforcement officials and improve the overall quality and level of law enforcement.

Integrated law enforcement agencies should be eligible for administrative law enforcement examinations and obtain administrative law enforcement certificates in the province of Zangang.

Integrated law enforcement agencies should have the necessary facilities, equipment, etc.

Article 8. In implementing administrative law enforcement investigations or on-site inspections by integrated law enforcement agencies, investigation, inspection orders should be produced and signed by law enforcement officials and parties. The parties refuse to sign or cannot signify the reasons.

In implementing their duties under the law, integrated law enforcement officials should present the Administrative Law Enforcement Evidence in the Province of Zangang.

Article 9. Integrated law enforcement officials have a direct stake in the parties and should be avoided. The evasion of law enforcement officials is determined by the heads of integrated law enforcement agencies; the evasion of the heads of integrated law enforcement agencies is determined by the commissionor.

Article 10. Integrated law enforcement agencies shall, in accordance with the law, adopt pre-registration measures for evidence in administrative law enforcement activities, be subject to approval by the competent organ of the commission and, with the written notification of the executive branch entrusted to the parties, produce a list of matters such as the name, type, quantity, place of preservation, signed by law enforcement officials and parties.

Article 11 shall be subject to a pre-registration conservation measure by law and shall be treated as follows:

(i) Removal by law of pre-registration after the maintenance of evidence, such as reproduction, intake, etc.;

(ii) Expropriation by law of the proceeds of the prior registration and enforcement by administrative penalties.

Article 12 Integrated law enforcement agencies should be kept in good custody for the property stored in the first place. They should not be used, damaged and lost.

In accordance with article 11 of this approach, the removal of the property deposited with the prior registration shall inform the parties of the identification within the prescribed time period; the parties shall not make a clear declaration of the owner or shall be issued; the issuance of a notice of the owner shall not be considered in accordance with the law of the owner of the property upon the expiry of three months from the date of the declaration.

Article 13 imposes administrative penalties on offences under the law and, prior to the administrative sanctions decision, the integrated law enforcement agencies should inform the parties of the facts, rationales and bases of administrative sanctions decisions and the rights of the parties under the law.

Article 14. Before making the following administrative penalties decision, the parties shall be informed of the right to require hearing:

(i) The amount of the fine or the value of the confiscation of the property, which is not the object of the offence of sexual misconduct of more than 50 million dollars, but the laws, regulations and regulations provide otherwise;

(ii) The suspension of the property;

(iii) Removal of licences.

The parties should organize hearings in accordance with the law within three days of the date of receipt of a notice of the right to hearing.

Article 15. Administrative sanctions decisions should be taken in the name of the organ entrusted.

The administrative penalties provided for in article 14, paragraph 1, of this approach or the complexity of the merits require collective discussions, should be taken by the heads of the responsible organs.

Article 16, in the context of the integrated administration of the cultural market, administrative penalties for violations should be taken within 60 days of the date of the application of the law, except for the penalties imposed by the law, and should be approved by the competent organ of the commission for special circumstances such as the complexity of the case, for a maximum period not exceeding 30 days; legal tests, identification of the time required.

Article 17, when significant events occurred in the integrated administration of the cultural market, the integrated law enforcement agencies should report to the commissioning body at the time and, within 24 hours, provide information on the basic situation and treatment of events. It should be reported by law to the Government of the people at this level and to the executive branch at the level, in accordance with the relevant provisions.

Article 18 entrusts the organ with strengthening oversight of the building, institutional implementation and enforcement activities of integrated law enforcement agencies. The above-level integrated law enforcement agencies should strengthen their operational guidance for integrated law enforcement agencies.

Integrated law enforcement agencies should report regularly to the authorities on administrative enforcement and cultural market order.

Article 19 Governments of more people at the district level should strengthen the monitoring of integrated administrative enforcement in cultural markets, in accordance with the provisions of the Administrative Enforcement Monitoring Regulations of the People's Government at the district level in the province of Zangong Province, and coordinate and address critical issues in a timely manner.

The executive branch of the provincial culture (writs), radio television, press publication (right copyright) should strengthen the guidance, coordination and supervision of the integrated administration of the cultural market in accordance with their respective responsibilities.

Relevant departments, such as public security, business, urban management administration, should perform their duties in accordance with the law and cooperate with the integrated administration of cultural markets by law enforcement agencies.

The communes (communes) Governments and relevant institutions should assist in the integrated administration of rural cultural markets.

Article 20 entrusts the organ with no guidance, oversight responsibilities for the matters entrusted to it, with malfeasibility, negligence and consequences, and shall be disposed of by law by the competent organ competent to assume a direct responsibility, in accordance with its authority.

Article 21, Integrated law enforcement agencies and their law enforcement personnel have one of the following acts, which are being rectified by the commissioning authority and disposed of by law of the competent and other persons directly responsible for their direct responsibility; and constitute a crime and are held criminally by law:

(i) Abuse of authority and law enforcement;

(ii) Inadequate law enforcement and violations of the legitimate rights and interests of citizens, legal persons and other organizations;

(iii) Failure to strictly perform statutory responsibilities leading to confusion in the cultural market order in the region or other grave consequences;

(iv) Participation in cultural market operations in violation;

(v) To request, receive the property of another person, or to support, condon and shelter cultural market activities in violation of the law;

(vi) Removal of complaints, reports of non-recruitment, delays in prestigation or disclosure of complaints, reports of persons and arrangements for law enforcement activities;

(vii) Constraint, alteration, concealment and destruction of evidence;

(viii) Expropriation, misappropriation or appropriation, use, damage to property deposited with the prior registration;

(ix) Other violations of laws, regulations and regulations.

Article 2