Zhejiang Provincial cultural market administrative law enforcement integrated management approaches 2011 (revised) (October 23, 2008, Zhejiang Province people's Government order No. 253, released on December 31, 2011, order No. 289 Zhejiang Province people's Government promulgated by December 31, 2011, the Zhejiang Provincial people's Government on changes of urban road management in Zhejiang Province 14 decision to amend the regulations, such as the way) first in order to strengthen the management of the cultural market, standardizing the cultural market comprehensive administrative enforcement actions, protect the legitimate 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, these measures are formulated.
Article cultural market comprehensive law enforcement in these measures refers to municipal and County (city, district) for radio and TV administrative departments of press and publication (hereinafter referred to as Commission) method through a delegate, cultural market supervision and inspection, administrative penalty according to law, delegate administration of cultural market comprehensive law enforcement agencies (hereinafter referred to as law enforcement agencies) the administrative law enforcement activities.
Comprehensive law enforcement agency requirements included in the budget at the same level.
Cultural market comprehensive law enforcement article should follow lawful, fair and open principles, adhere to the law impartially and in a civilized, subject to public supervision.
Fourth cultural market comprehensive law enforcement's scope is:
(A) commercial performances, audio and video products business, entertainment business, art management, film distribution, film screenings and Internet online service business premises management, grading level of social art, non-material cultural heritage protection, heritage conservation and heritage management;
(B) the radio and television program production, management and delivery, construction, protection and safe transmission of radio and television facilities, satellite television broadcasting floor receiving installation, set up and use, Internet audio-video program services, carriers of public audio-visual audio-visual broadcasting services;
(C) publishing, printing of publications (copy), distribute, import and export business, the copyright (copyright) protection, packaging printed matter and other printed matter and printing business;
(D) the laws, rules and regulations of other cultural activities.
Article fifth delegate agencies commissioned a comprehensive administrative law enforcement by law enforcement agencies, he shall in writing clear and specific commitment, authority, and entrusted to a file, evidence and other materials submitted to the local government and cultural radio and television administrative departments of press and publication at a higher level for the record.
Sixth omnibus law enforcement agencies should establish a sound administrative system, within delegated authority to perform their duties, and supervised by the principal organs.
Comprehensive law enforcement agency complaints, reporting system should be established, published complaints, telephone hotlines, complaints of campaign violations, reporting culture by law to receive and investigate.
Article seventh principal organs and departments at higher levels shall strengthen the law enforcement officers of political theory and professional knowledge training, improve the overall quality of law enforcement and law enforcement level.
Comprehensive law enforcement agency law enforcement officers shall be subject to the qualification examinations, obtain the Zhejiang Province administrative law enforcement certificates.
Comprehensive law enforcement agency should have the necessary facilities, equipment, and other law enforcement conditions. Eighth law enforcement institutions of administrative law enforcement investigation or an on-site inspection, investigation, examination shall be made, and by law enforcement and the signatures of the parties.
Party refuses to sign or not to sign, you should indicate the reason.
Comprehensive law enforcement agency officers perform their duties according to law, shall produce the certificate of administrative enforcement, Zhejiang province. Nineth integrated law enforcement officers of law enforcement agencies and parties directly interested, should be avoided.
Avoidance of law enforcement personnel, decided by the heads of law enforcement agencies; withdrawal of the heads of law enforcement agencies, under the Bureau decision.
Tenth comprehensive law enforcement agencies in administrative enforcement of law of evidence advanced registration and preservation measures, should be approved by the head of the principal organs, and party certificate with a written notice of the seal of the principal organs, making lists, containing the property's name, type, quantity, matters such as saved locations, by law enforcement personnel and the signatures of the parties.
11th of antecedent register measures according to law, should be made under different circumstances for advanced registration and preservation of evidence the following:
(A) the following evidence preservation copying, recording or any other means, lift the antecedent register in accordance with law;
(B) advanced registration and preservation of confiscated illegal goods, in accordance with the decision on administrative penalty execution.
12th comprehensive law enforcement agency for advanced registration and preservation of property, shall take good care shall be used, damaged, missing.
Lifting antecedent register in accordance with article 11th property integrated law enforcement agency shall notify the parties to the claim within the time limit specified; not claimed is not clear or the notifications by the parties, shall issue a property claim notice comes three months after the date of the announcement is not claimed, according to bona vacantia dealt with according to law.
13th the illegal imposition of administrative penalty according to law, before making a decision on administrative penalty on, law enforcement agencies shall inform the party making the decision on administrative penalty facts, reasons and basis the Parties shall enjoy the rights.
14th following administrative punishment before a decision is made, shall inform the party concerned has the right to require hearings:
(A) the amount of the fine or confiscation of property values, illegal operations not more than 2000, management violations more than 50,000 yuan, but otherwise provided by laws and regulations, those provisions;
(B) in order to suspend;
(C) to revoke the licence.
Parties from the date of receipt of the notice of hearing rights on hearing requirements set out in the 3rd, it shall organize the hearing.
15th administrative penalty decisions should be made on behalf of the principal organs.
Law provisions of the first paragraph of this article 14th administrative punishment or in complex cases need to brainstorm, should Heads decided collectively by a delegate.
16th article in culture market integrated administrative law enforcement in the, on violations of administrative punishment, except law spot punishment outside, should since filed of day up 60 days made administrative punishment decided; for case complex, special situation does needed extended of, should by delegate organ head approved, but extended term most long shall not over 30th; law test, and identification by needed time not calculation in above during within. 17th in the cultural market administrative law enforcement when a significant event occurs, comprehensive law enforcement agency shall immediately report to the principal organs, and in writing within 24 hours of reporting events and handle the situation.
The law should be reported to the competent administrative Department of the people's Governments at the corresponding level and higher, according to the relevant regulations. Article 18th principal organs should strengthen the integrated team of law enforcement agencies, system implementation, supervision and inspection of law enforcement activities.
Superior integrated law enforcement agencies should strengthen the operational guidance to lower-level law enforcement agencies.
Comprehensive law enforcement agency shall periodically report to the delegate authority administrative enforcement and the cultural market order.
19th Zhejiang Province people's Government above the county level shall, in accordance with the provisions of the people's Governments above the county level administrative law enforcement supervision Ordinance, to strengthen the cultural market administrative law enforcement supervision, coordination, to address the major issues in a timely manner.
The cultural (Heritage), radio, television, journalism, publishing (copyright) administrative departments shall, in accordance with their respective responsibilities, to strengthen the cultural market administrative guidance, coordination and supervision of law enforcement.
All levels of public security, industry and commerce, city administration and other relevant departments should perform their duties according to law, and cooperate with law enforcement agencies do the cultural market comprehensive law enforcement related work.
The township (town) people's Governments and relevant institutions should assist rural cultural market administrative law enforcement.
20th delegate authority to the matters entrusted to perform guidance, oversight responsibilities, malfeasance, dereliction and consequences, by the authority in accordance with administrative rights, the persons who are directly in charge and other direct liable persons shall be given administrative sanctions.
21st composite and any of the following acts by law enforcement officials of law enforcement agencies, under the Office ordered corrective action, the persons who are directly in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) abuse of power, law enforcement a violation of;
(B) improper enforcement, violations of the legitimate rights and interests of citizens, legal persons and other organizations;
(C) does not strictly fulfill the statutory duties led to the region's cultural market disorder or other serious consequences;
(D) illegal in cultural marketing activities;
(E) terms of reference or to ask for and accept other person's property, or support, condone or cover up the cultural market of illegal business activities;
(F) with complaints, the report will not be accepted without delay prevarication, or disclosure complaints, whistleblowers and the enforcement activities;
(VII) counterfeiting, forgery, concealment and destruction of evidence;
(VIII) to embezzle confiscated or stolen, use, damage is advance registration and preservation of the property;
(IX) other acts in violation of laws, rules and regulations. 22nd article this way come into force on January 1, 2009.