Advanced Search

Under Relatively Centralized Administrative Punishment Right In Urban Management In Liaoning Province

Original Language Title: 辽宁省城市管理相对集中行政处罚权规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Urban management in the vast provinces is relatively concentrated in administrative penalties

(Act No. 268 of 15 December 2011 of the Order of the Government of the Greater Honduran Province, issued effective 1 February 2012)

Article 1, in order to strengthen urban management, regulate and promote urban management in a relatively centralized manner of administrative sanctions, enhance the effectiveness of urban administration, develop this provision in line with the National People's Republic of China's Administrative Punishment Act and the relevant provisions of the Department of State.

The urban management in the administrative region of my second province is relatively focused on administrative penalties, which are applicable.

Article 3. Municipal, district (including district level), with the same Government, leads urban management within this administrative area to a relatively concentrated administrative punishment. The urban administration executive branch established by the municipalities and district governments is governed by the law by the relatively centralized responsibility for administrative punishment.

The urban administration executive branch is responsible for operational guidance for the management of the urban administration in the district, which is relatively focused on administrative penalties.

Article IV. The provincial Government's rule of law sector is responsible for the review, coordination, guidance and supervision of municipal and district urban administrations that are relatively centralized in administrative penalties declarations and for organizations that are relatively focused on administrative penalties. Ministries such as provincial production, finance, housing urban and rural construction, public safety, business and environmental protection are able to work relatively focused on the right to administrative sanctions, in accordance with their respective responsibilities.

The rule of law sector in the city, the district government is specifically responsible for guiding and regulating urban management in the current administration, which is relatively focused on administrative penalties.

Article 5

Unless the provincial Government approves, urban management is not automatically focused on administrative penalties.

Article 6 There is a need to reorganize the areas of ratification and the scope of the declaration process.

Municipal and district governments have established mechanisms for the implementation of the right to urban management to work relatively focused on administrative penalties, which are included in the current budget and are guaranteed in full financial terms.

Article 7. Municipal and district governments should include urban management in the performance appraisal system and establish administrative accountability and performance appraisal systems.

Units and individuals that have achieved significant achievements in the area of urban management in the area of relative concentration of administrative sanctions are recognized by provincial, municipal and provincial authorities in the rule of law sector.

Article 8 shall not continue to be exercised by the former administration after the relative concentration of administrative penalties; continue to be exercised and its administrative sanctions decisions are null and void.

The executive branch shall not change or abandon other responsibilities, such as administration and oversight, which should be performed by law, owing to the relative concentration of administrative sanctions.

Article 9. The urban administration of administrative law enforcement agencies should make the scope of law enforcement duties, the basis for law enforcement, the standards of punishment, the law enforcement process public to society.

Article 10. The urban administration of administrative law enforcement agencies implement the system of qualification of executive law enforcement officials, legal training, regular rotation and accountability for law enforcement, and strengthen the workforce and enhance the political, operational quality of administrative law enforcement personnel.

Article 11. Administrative enforcement agencies in urban management should regulate the exercise of administrative sanctions discretion and establish a baseline system for administrative sanctions, precedents and clarification systems.

Article 12 provides for the establishment of a sound reporting, complaints system by the urban administration administration administration authorities, to investigate in a timely manner violations or inappropriate enforcement acts reflected by citizens, legal persons and other organizations, and to inform the reporting, the complainant of the results.

Article 13 governs the conduct of law enforcement disputes between the urban administration and the relevant administrations, which are addressed by mutual consultation. The consultations were not agreed at the common level of government, which was coordinated by the rule of law sector of the Government at the current level; they were addressed in coordination with the Government's rule of law sector. Coordination is not possible to reach agreement, and the Government's rule of law, which is coordinated, requests the Government's decisions.

Article 14.

(i) Decisions made by the administration in connection with administrative approval, administrative licence, etc. relating to the relatively centralized administration of justice, to be sent within three days of the date of publication or delivery of the instrument to the executive law enforcement organs of urban administration and to facilitate access to or reproduction of the relevant documentation information;

(ii) In administrative management activities, it was found that administrative penalties should be imposed by urban administration enforcement agencies, should be communicated or transferred in a timely manner, and that urban administration should be admissible;

(iii) In the course of administrative sanctions imposed by the urban administration administration, administrative enforcement authorities need to make administrative decisions other than those that are subject to the authority of the relative person and should be informed or transferred to the relevant departments, which should be dealt with in a timely manner by law;

(iv) In the course of the administrative sanctions imposed by the urban administration, the relevant units shall be assisted and synergized by providing technical recognition, assistance in investigations or assistance for implementation;

(v) The administrative law enforcement authorities of urban administration have taken administrative sanctions decisions on the failure of the parties to obtain administrative approval, administrative licences or offences that are not subject to administrative approval, administrative licence, and administrative authorizations, within three days of the date of the instrument.

The municipalities and district governments that have approved relatively concentrated administrative penalties should strengthen e-government-building and gradually achieve the sharing of law enforcement information between urban administration and relevant administrations.

Article 15. Administrative law enforcement agencies and administrative law enforcement officials in urban management follow the following norms in law enforcement activities:

(i) The fulfilment of statutory duties by law shall not go beyond, abuse or non-performance;

(ii) In investigating or conducting inspections, administrative law enforcement officials shall not be less than two individuals and present administrative law enforcement documents issued by the Provincial Government;

(iii) Critical norms, uniformity, terminology and civilization;

(iv) Fully listen to the parties' statements and the defence that the facts, rationales and evidence presented by the parties should be reviewed and not be aggravated by the parties' argument;

(v) The discovery of an offence and the conversion of the parties or the duration of the period of time shall not replace the offence with a fine;

(vi) A minor offence and in a timely manner, without administrative penalties resulting from the consequences of the harm;

(vii) The enforcement of administrative penalties must be based on facts and be proportionate to the facts, nature, circumstances and the level of social harm;

(viii) Other laws, regulations and regulations regulate administrative law enforcement.

Article 16 provides access to field inspections or investigations by urban administration enforcement authorities, access to and replication of relevant information, and the collection of evidence to the parties and the persons concerned, and the relevant units and individuals shall cooperate.

Article 17 should be supported and guaranteed by urban administration authorities to perform their duties in accordance with the law and to impede the functioning of administrative law enforcement officials in urban administration, including violence, threats, in accordance with the law and should not be dealt with as civil disputes in a timely manner.

Article 18 Civil, legal and other organizations may apply for administrative review or administrative proceedings, in accordance with the law, without the specific administrative acts of the urban administration.

The application for administrative review of the specific administrative actions taken by the district urban administration executive branch is accepted by the district government or the municipal administration of administrative law enforcement agencies; the application for administrative review of the specific administrative conduct of the urban administration is submitted by the municipality or the provincial government.

Article 19 Administrative law enforcement agencies and their administrative law enforcement officials have one of the following acts: they are governed by the law by the competent and other persons directly responsible for direct responsibility, either by their units or by the executive inspectorate.

(i) There is no statutory basis or non-compliance with statutory procedures to impose administrative penalties;

(ii) It was not possible to determine whether the administrative sanctions decisions had been taken, or in violation of the statutory procedures;

(iii) Execution of administrative penalties that do not produce legal instruments or do not use legal instruments;

(iv) Distortion, threat, beating or intimidating the person;

(v) Exhibit, misappropriation, private separation or conversion of private seals, seizures, confiscations;

(vi) To receive, receive the property of the parties and their close relatives;

(vii) To require the parties to assume their unlawful obligations;

(viii) Other violations of law, such as abuse of authority, negligence, favouring private fraud.

Article 20 of the law enforcement organs of urban administration carry out their duties in violation of the spirit of the parties, which should, in the context of the impact of the violation, eliminate the impact, restore honour and pay apologies; cause serious consequences and pay the corresponding mental damage.

Article 21 of the urban administration of administrative law enforcement authorities and the relevant administrations violate the provisions of this approach by denying compliance with the responsibilities of law enforcement collaboration, which are corrected by the current Government; in the event of serious or significant loss, the administrative disposition of the persons concerned and those directly responsible is provided by the relevant provisions.

Article 22, the Government of the municipality and the district, which did not carry out relatively centralized administrative penalties in accordance with the Provincial Government, should be corrected in a timely manner; the Government's rule of law was not reformulated; the Government of the province had not been reformulated to remove the relative concentration of administrative penalties and to hold administrative responsibilities in accordance with the law.

Article 23 undertakes relatively centralized administrative penalties in areas other than urban management, taking into account this provision.

Article 24